Amended  IN  Assembly  April 26, 2023
Amended  IN  Assembly  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 566

Introduced by Assembly Member Pellerin

February 08, 2023

An act to amend Section 15853 of the Government Code, and to add Section 5009.5 to to, and to add and repeal Section 5009.6 of, the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 566, as amended, Pellerin. Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks and the Santa Cruz Mountains region. acquisition and protection of real property.
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 would additionally exempt from that requirement property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks by the department. the state park system by the department on its own behalf, as provided.
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. in or for the state park system. 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 objectives of each unit of the state park system. The bill would require, upon appropriation by the Legislature, the department to take all reasonable actions to permanently 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 Big Basin Redwoods, Año Nuevo, and Butano State Parks and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.

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)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 Redwoods State Park and strengthened connectivity, improved forest health, and enhanced climate resiliency among Big Basin Redwoods, 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 1.

 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 with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, pursuant to Section 5009.6 of the Public Resources Code until January 1, 2029, 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.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, restoration, enhancement, 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 Redwoods, 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. lands in or for the state park system.
(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. each unit of the state park system. 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 parklands.
(4) Improve operations of an existing state park unit and eliminate potential or existing management problems associated with the inholding or adjacent properties.
(5) Provide the most benefit to disadvantaged communities as defined in Section 80002.
(d) Upon appropriation by the Legislature, the department shall take all reasonable actions to permanently 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 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.

SEC. 3.

 Section 5009.6 is added to the Public Resources Code, to read:

5009.6.
 (a) Notwithstanding subdivisions (a) and (d) of Section 15853 of the Government Code, at the discretion of the Director of the Department of Parks and Recreation, the Department of Parks and Recreation may acquire land and other real property for the state park system on its own behalf.
(b) The purchase price for the land and other real property acquired under this section shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure.
(c) The fair market value shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services.
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

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 and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.