BlackletterCalifornia law

DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000. - 37042.]

Division 28 added by Stats. 2000, Ch. 113, Sec. 1.

§§ 37000–37042 · 27 sections

  1. CHAPTER 1. Intent §§ 37000–37001 · 2 sections
    • § 37000 This division shall be known and may be cited as the “Natural Heritage Preservation Tax Credit Act of 2000.”
    • § 37001 The Legislature finds and declares all of the following: (a) The continued economic development of California will be fostered and improved if conflicts over…
  2. CHAPTER 2. Definitions § 37002 · 1 section
    • § 37002 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…
  3. CHAPTER 3. Natural Heritage Preservation Tax Credit Program §§ 37005–37006 · 2 sections
    • § 37005 The Wildlife Conservation Board shall implement the program. The board may request staff services from any department that submits an application and a…
    • § 37006 (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…
  4. CHAPTER 4. Procedures §§ 37010–37014 · 5 sections
    • § 37010 Applications shall be submitted to the donee to which the donor proposes to contribute the property.
    • § 37011 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…
    • § 37012 (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…
    • § 37013 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…
    • § 37014 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…
  5. CHAPTER 5. Criteria for Acceptance of Property §§ 37015–37016 · 2 sections
    • § 37015 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…
    • § 37016 (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…
  6. CHAPTER 6. Miscellaneous §§ 37020–37025 · 6 sections
    • § 37020 (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)…
    • § 37021 (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…
    • § 37022 (a) Tax credits may be awarded pursuant to this division only if the amount of all lost revenue resulting from the award of tax credits is reimbursed by…
    • § 37023 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…
    • § 37024 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…
    • § 37025 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…
  7. CHAPTER 7. Bond Funds §§ 37030–37042 · 9 sections
    • § 37030 The Legislature finds and declares all of the following: (a) Current justifiable needs for the acquisition of property for environmental purposes substantially…
    • § 37031 (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…
    • § 37032 (a) If a department or local government identifies property that may be acquired pursuant to this division and determines that the acquisition would comply…
    • § 37034 (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…
    • § 37035 (a) (1) If a department determines that a designated nonprofit organization, in lieu of the department, should accept property that the department applies to…
    • § 37036 (a) The Natural Heritage Preservation Tax Credit Reimbursement Account is established in the General Fund to receive moneys paid pursuant to this chapter. (b)…
    • § 37038 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…
    • § 37040 (a) The board shall notify the Controller, the Treasurer, and the relevant department of the information listed in subdivision (b) after the board receives…
    • § 37042 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…