Bill Text: CA AB2103 | 2023-2024 | Regular Session | Enrolled

California Assembly Bill 2103

Bill Title: Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks: real property acquisition.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB2103 Detail]

Download: California-2023-AB2103-Enrolled.html

Enrolled August 29, 2024

Passed IN Senate August 26, 2024

Passed IN Assembly August 27, 2024

Amended IN Senate August 15, 2024

Amended IN Senate June 19, 2024

Amended IN Assembly May 16, 2024

Amended IN Assembly April 24, 2024

Amended IN Assembly March 04, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2103

Introduced by Assembly Member Pellerin
(Coauthor: Assembly Member Addis)

February 05, 2024

An act to amend Section 15853 of, and to add and repeal Section 15853.1 of, the Government Code, relating to state parks.

LEGISLATIVE COUNSEL'S DIGEST

AB 2103, Pellerin. Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks: real property acquisition.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Año Nuevo, and Butano State Parks, as specified, and would provide additional requirements for the acquisition of fee title or any lesser right or interest in real property by the department with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Año Nuevo, and Butano State Parks.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) In 2020, the CZU Lightning Complex Wildfire burned over the entirety of Big Basin Redwoods State Park and portions of Butano and Año Nuevo State Parks. In the wake of this catastrophic fire, the Department of Parks and Recreation initiated a planning process to reimagine the future of Big Basin Redwoods State Park.

(b) The Department of Parks and Recreation’s reimagining effort produced a vision for rebuilding Big Basin Redwoods State Park. This vision describes the need to acquire additional land to support the relocation of visitor-serving facilities previously located within some of the most ecologically sensitive areas of the park.

(c) The Department of Parks and Recreation’s vision also describes the need to strengthen the landscape connectivity, improve the forest health, and enhance climate resiliency among and within Big Basin Redwoods, Butano, and Año Nuevo State Parks.

(d) There is often a need to move quickly to acquire lands deemed essential to a state park. Nongovernmental organizations are necessary partners in acquiring such high-priority lands in a timely manner. Yet, the lengthy process for completing the transfer of those lands to the Department of Parks and Recreation is a barrier to fulfilling the reimagined vision for the parks most impacted by the CZU Lightning Complex Wildfire.

(e) The key objectives of this act are to streamline the process of transferring high-priority lands to the Department of Parks and Recreation to fulfill the goals of enhanced visitor services, improved park operations, strengthened habitat connectivity, and enhanced climate resilience among Big Basin, Butano, and Año Nuevo State Parks.

SEC. 2.

Section 15853 of the Government Code is amended to read:

15853.

(a) The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function.

(b) If moneys are appropriated by the Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law.

(c) Notwithstanding any other law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources, the Central Valley Flood Protection Board, the Department of Fish and Wildlife, the Wildlife Conservation Board, the Department of Parks and Recreation, until January 1, 2030, with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to Section 15853.1, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Department of Housing and Community Development, the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, and the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of, and for the purposes of Chapter 10 (commencing with Section 31411) of Division 21 of, the Public Resources Code, shall be acquired by the State Public Works Board in accordance with this part.

(d) (1) Notwithstanding subdivision (a), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature.

(2) Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition before the conclusion of the appropriate authorization period. For purposes of this section, in order for the Department of Parks and Recreation to “formally abandon” an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition.

(3) The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation.

(4) The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system.

(e) The board may acquire furnishings that the owner thereof agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property.

(f) This section does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).

SEC. 3.

Section 15853.1 is added to the Government Code, to read:

15853.1.

(a) For the acquisition of fee title or any lesser right or interest in real property by the Department of Parks and Recreation with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to subdivision (c) of Section 15853, all of the following apply:

(1) The purchase price for the land and other real property acquired by the Department of Parks and Recreation shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure.

(2) The fair market value of the property acquired pursuant to paragraph (1) shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services.

(3) The real property shall be appraised and an appraisal review completed before commencement of any purchasing negotiations.

(4) All contracts related to the acquisition of real property shall be reviewed and approved by the Department of General Services pursuant to Section 11005.

(5) Not less than 90 days from the date of acquisition, the Department of Parks and Recreation shall do all of the following:

(A) (i) Provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the relevant budget and policy committees of the Legislature, and the Members of the Legislature within whose district the property proposed for acquisition is located.

(ii) The written notice of intent shall describe any potential impact that the acquisition may have on the Department of Parks and Recreation’s efforts to provide park and recreational opportunities.

(B) (i) Within 30 days of receiving written notice of the proposed acquisition, a member of the city council or board of supervisors of the respective city or county, or a Member of the Legislature within whose district the property proposed for acquisition is located, may request that the department hold a public hearing regarding the proposed acquisition. Within 30 days of the request, the department shall hold a public hearing within the county or counties that the proposed acquisition is located where interested members of the public may comment on the proposed acquisition.

(ii) Notice of the hearing shall be posted on the Department of Parks and Recreation’s internet website at least 30 days before the public hearing and shall be published at least twice in a newspaper of general circulation within the county or counties. The notice shall describe any potential impact that the acquisition may have on the Department of Parks and Recreation’s efforts to provide park and recreational opportunities.

(b) Nothing in this section shall exempt the Department of Parks and Recreation from complying with all other applicable laws and regulations.

SEC. 4.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the damage caused by the CZU Lightning Complex Wildfire in 2020 to the Big Basin Redwoods, Año Nuevo, and Butano State Parks.