California Public Resources Code 5915.5 – (a) For purposes of this section, the following definitions …
(a) For purposes of this section, the following definitions apply:
(1) “City” means the City of Davis.
Terms Used In California Public Resources Code 5915.5
- Conservation easement: means an interest in real property as defined in §. See California Public Resources Code 5902
- County: includes "city and county. See California Public Resources Code 14
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Riparian habitat: means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. See California Public Resources Code 5902
- Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Public Resources Code 5902
(2) “Parcel” means one of the following parcels acquired by the city with a grant made pursuant to subparagraph (S) of paragraph (3) of subdivision (b) of Section 5907, as identified by the assessor of the County of Yolo:
(A) 033-260-004.
(B) 033-260-005.
(C) 033-260-010.
(D) 033-130-031.
(E) 033-130-052.
(F) 033-130-035.
(G) 033-130-037.
(H) 033-130-051.
(3) “Plan” means the “Yolo Habitat Conservation Plan/Natural Community Conservation Plan.”
(b) Consistent with paragraph (2) of subdivision (a) of Section 5919, the city may convey a conservation easement, lease, or license for any of the following purposes:
(1) A habitat conservation project that is consistent with the plan and located on a parcel.
(2) (A) The geologic storage of carbon dioxide in the pore spaces in the geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(B) A monitoring well or any other equipment or facility that is required by federal, state, or local law for the geologic storage of carbon dioxide, as described in subparagraph (A), and that is located on a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(C) Subdivision (b) of Section 5919 applies to any change to the use of the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(D) This paragraph does not authorize the injection of carbon dioxide into a geologic reservoir located below a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a) from an injection point located on the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).
(3) An agricultural activity that provides wildlife habitat, consistent with the plan, and is located on a parcel.
(c) Any revenue received by the city from conveying a conservation easement, lease, or license on a parcel, as authorized pursuant to this section, shall be used to preserve, protect, maintain, or enhance wildlife and riparian habitat, wetlands, and potential wetlands within the Davis Planning Area, consistent with this division.
(d) In the conveyance of an easement, lease, or license pursuant to subdivision (b), the city shall maintain the scenic, recreational, and wildlife values of that real property.
(e) This section does not exempt the city or any other party from any law that would otherwise apply to the conveyance of a conservation easement, lease, or license pursuant to subdivision (b) or to a project or activity described in subdivision (b).
(Added by Stats. 2023, Ch. 305, Sec. 1. (SB 256) Effective January 1, 2024.)