Bill Text: CA AB566 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Parks and Recreation: acquisition and protection of real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB566 Detail]
Download: California-2023-AB566-Introduced.html
Bill Title: Department of Parks and Recreation: acquisition and protection of real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB566 Detail]
Download: California-2023-AB566-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 566
| Introduced by Assembly Member Pellerin |
February 08, 2023 |
An act to add Section 5009.5 to the Public Resources Code, relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 566, as introduced, Pellerin.
Department of Parks and Recreation: protection: stewardship: Santa Cruz Mountains region.
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.
This bill would authorize the department to enter into an agreement with an eligible entity, as defined, that would state the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed efforts of stewardship, as defined, within a designated region that includes the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz, for the purpose of achieving specified goals within the region. The
bill would authorize the department to coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy, to identify priority properties for permanent protection or needed stewardship efforts within the region to fulfill specified objectives. The bill would require, upon appropriation of funds by the Legislature, the department to take all reasonable actions to protect in perpetuity priority properties identified in an agreement within 24 months following the execution of an acquisition agreement, or as soon as reasonably practicable.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The CZU Lightning Complex Wildfire in 2020 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, including land acquisition and land stewardship efforts to support these goals.
(d) The extreme storms associated with the atmospheric rivers in December 2022 and January 2023 wrought considerable damage on the state parks and other lands in the Santa Cruz State Parks District, further demonstrating the need for a climate resilient, and regional, approach to land management.
(e) The Department of Parks and Recreation has partnered with various conservation organizations in the Santa Cruz Mountains region to develop a tool for identifying and
evaluating land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Año Nuevo State Parks that are essential to realizing the department’s vision.
(f) There is often a need to move quickly to acquire lands deemed essential to a state park. Certain nonprofit public benefit organizations and tribal governments are necessary partners in acquiring such high priority lands. Yet, those entities are not able to have certainty that the lands they acquire will be purchased, or accepted as a donation, by the Department of Parks and Recreation.
(g) The key objectives of this act are the enhancement of visitor services, addressing the needs of park staff, and the improvement of park operations for Big Basin State Park and strengthened connectivity, improved forest health, and enhanced climate resiliency among Big Basin, Butano, and Año Nuevo State
Parks, and to provide greater certainty to designated entities that their investments in permanent protection projects will result in the sale or transfer of the property to the Department of Parks and Recreation.
SEC. 2.
Section 5009.5 is added to the Public Resources Code, to read:5009.5.
(a) For purposes of this section, the following definitions apply:(1) “Eligible entity” means any of the following:
(A) A nonprofit organization.
(B) A federally recognized Native American tribe.
(C) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(2) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code, qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(3) “Permanently protect” means either of the following:
(A) Establishing permanent protection of property in the specified region through fee title acquisition.
(B) Providing ongoing management, stewardship, and monitoring of the land in perpetuity.
(4) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(5) “Specified region” means the Santa Cruz State
Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
(6) “Stewardship” means management activities that enhance the natural resource values within Big Basin, Butano, and Año Nuevo State Parks.
(b) Notwithstanding any other law, the department may enter into an agreement with an eligible entity stating the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed stewardship efforts, within the specified region for the purpose of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency and land stewardship within the specified region.
(c) The department may coordinate with other relevant agencies, including the
Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy to identify priority properties for permanent protection within the specified region to fulfill the objectives of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency in the specified region. Priority shall be given to properties that do any of the following:
(1) Contain important natural, cultural, or recreational values, or provide a significant buffer for an existing state park unit.
(2) Link, or contribute to linking, existing state parks to other protected areas or protective easements. Functionality, total reserve size, significance of overall reserve area, and improving resilience to climate change shall be considered.
(3) Accommodate needed facilities, visitor services, or trails that cannot be constructed on existing park lands.
(4) Improve operations of an existing state park unit and eliminate potential or existing management problems associated with the inholding or adjacent properties.
(d) Upon appropriation of funds by the Legislature, the department shall take all reasonable actions to protect in perpetuity priority properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(e) To facilitate required agency approvals, the department shall establish a process for obtaining input and preliminary review from the necessary agencies before entering into an
agreement developed pursuant to this section with an eligible entity to permanently protect a property.
(f) If an appropriation of funds by the Legislature is not available and an eligible entity is willing, the department shall take all reasonable actions to accept, as a donation, properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(g) The department shall not be deemed to have approved the permanent protection of a property unless all required agency approvals have been obtained.
