Web This Site

 

 


www.flickr.com


 

District Tools : Division 9

Division 9 of the California Public Resources Code defines the State's framework for conducting the business of resource conservation within California. A central component of Division 9 is its authorization for resource conservation districts (RCDs) to be formed for the purpose of addressing local resource conservation needs. Particular emphasis is placed upon the conservation of soil and water resources. Division 9 defines the roles and responsibilities of RCDs, as well as the directors that are selected to govern them.

In addition to defining RCD formation and operation, Division 9 also authorizes the existence of a Resource Conservation Commission, to be served by a Division of Resource Conservation within the Department of Conservation. The Commission was conceived to establish soil and water resource conservation policy and provide guidance to RCDs. Although Division 9 still provides the format for which the Commission would function, the Commission was administratively abolished in the mid 1970's, and has never been reconstituted.

Other sections also remain in place in Division 9, even though they are no longer applicable. Most notable among these are sections relating to the authority of RCDs to levy property taxes. Much of this authority was made obsolete by the passage of Proposition 13 in 1978, which placed restrictions on property taxation through the addition of Article 13A to the State Constitution.

Since its inception in 1938, Division 9 has been periodically revised and updated. Most recently, an ad hoc Soil Conservation Committee appointed by the Secretary of the Resources Agency proposed a comprehensive revision to Division 9 in 1990, while working in an advisory capacity to the Department of Conservation. A number of these recommendations were subsequently introduced as legislation and adopted (Ch. 831, Statutes of 1991). Most of these revisions address broadening the authorities of RCDs, and removing former ambiguities in the law.

The following version of Division 9 incorporates all of the most recent revisions which took effect January 1, 1992. The document has been formatted to facilitate the referencing of sections. Also included are notes on certain key sections, providing additional information in legislative history and relationships with other state and federal laws.


DIVISION 9.  RESOURCE CONSERVATION


CHAPTER 1.  GENERAL PROVISIONS
Article 1.  Policy of State .................................... 9001-9003
Article 2.  Definitions ........................................ 9015-9034
Article 3.  Applicability ...................................... 9041-9044
CHAPTER 2.  THE DIVISION OF RESOURCE CONSERVATION
Article 1.  Organization ....................................... 9051-9052
Article 2.  Powers and Duties .................................. 9061-9071
Article 3.  Funds and Expenditures ............................. 9081-9084

Article 4.  The State Resource Conservation Commission ......... 9101-9113

CHAPTER 3. RESOURCE CONSERVATION DISTRICTS Article 1. Lands Included ..................................... 9151-9155 Article 2. Initiation ......................................... 9161-9168 Article 3. Election and Formation ............................. 9181-9190 Article 4. Initial Board of Directors ......................... 9201-9206 Article 7. District Directors ................................. 9301-9317 Article 8. General District Elections ......................... 9351-9359 Article 9. General Powers of District ......................... 9401-9420 Article 10. Property of District .............................. 9451-9457 Article 11. Inclusion of Lands ................................... 9481 Article 12. Dissolution .......................................... 9491

CHAPTER 4. DISTRICT FINANCE Article 1. Regular Assessments ................................ 9501-9513 Article 2. District Fiscal Procedure .......................... 9521-9530 Article 3. Claims ................................................ 9541 Article 4. District Election Costs ............................ 9545-9546
CHAPTER 5. DISTRICT REORGANIZATION Article 1. Consolidation ......................................... 9601 Article 2. Partition ............................................. 9611 Article 3. Changing Name of District .......................... 9621-9627 Article 4. Transferring Lands From One District to Another ....... 9635
CHAPTER 9. FEDERAL AID PROJECTS ............................... 9751-9757
CHAPTER 10. IMPROVEMENT DISTRICTS IN RESOURCE CONSERVATION DISTRICTS Article 1. Formation .......................................... 9801-9821 Article 2. Assessments ........................................ 9831-9842 Article 3. Inclusion of Land .................................. 9851-9855 Article 4. Improvement District Management .................... 9861-9870 Article 5. Improvement District Warrants ...................... 9881-9890 Article 6. Advance Payment of Assessments ..................... 9901-9905 Article 7. Actions and Proceedings ............................ 9911-9912 Article 8. Dissolution of Improvement Districts ............... 9921-9924 CHAPTER 11. TAHOE RESOURCE CONSERVATION DISTRICT .............. 9951-9953 CHAPTER 12. SUISUN RESOURCE CONSERVATION DISTRICT ............. 9960-9965 CHAPTER 13. VENTURA COUNTY RESOURCE CONSERVATION DISTRICT ..... 9970-9978
 


Note: This table of contents was taken from the
legislative information public server at
http://www.leginfo.ca.gov/ which is updated daily.