Bill Text: CA SB1124 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land conservation: California Wildlife, Coastal, and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 321, Statutes of 2010. [SB1124 Detail]

Download: California-2009-SB1124-Amended.html

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BILL NUMBER: SB 1124	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  MAY 10, 2010
	AMENDED IN SENATE  APRIL 6, 2010

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to  amend Section 5919 of the Public Resources
Code,    repeal Chapter 377 of the Statutes of 2004,
 relating to land conservation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1124, as amended, Negrete McLeod. Land conservation: California
Wildlife, Coastal, and Park Land Conservation Act  : County of
San Bernardino  .
   The California Wildlife, Coastal, and Park Land Conservation Act,
an initiative measure approved by the voters in the June 7, 1988,
statewide primary election, provided bond funds for wildlife,
coastal, and parkland conservation. The initiative measure may be
amended by a 2/3 vote of the Legislature if the amendment is
consistent with the purposes of the act. Existing law requires an
applicant receiving state funds under the act to maintain any
property acquired in perpetuity, as specified, and use the property
only for the purposes stated in the act  and to make no other
use, sale, or other disposition of the property except as authorized
by a specific act of the Legislature. Existing law requires the
County of San Bernardino to sell property it owns within the Chino
Agricultural   Preserve that was purchased with the bond
funds if the county meets certain conditions  . 
   This bill would require a grantee, or its successors in interest,
if the grantee or its successor in interest agree to place a
conservation, agricultural, or open space easement on property
acquired, developed, rehabilitated, or restored with funds allocated
pursuant to the act for a grant to the County of San Bernardino for
requisition of land, as specified, to record the easement on or
before July 1, 2011, and would require the granting agency to approve
the easement. The bill would require the easement to provide that
the property is to be maintained and operated in perpetuity, only for
the purposes set forth in the act, and no other use, sale, or other
disposition of the property shall be made except as authorized by
specific act of the Legislature.  
   This bill would revise and recast that law to authorize the County
of San Bernardino to sell property it owns within the Chino
Agricultural Preserve that was purchased with grant funds from the
act if the county, among other things, uses the proceeds from each
sale only for the acquisition of replacement land or conservation
easements within the preserve. The bill would prohibit the county
from selling or acquiring land or conservation easements unless and
until the Board of Supervisors for the County of San Bernardino
adopts a detailed land plan by December 31, 2011. The bill would
require the land plan to meet certain conditions including that it
identify each parcel of property acquired with grant funds and show
which parcel will be sold, exchanged, purchased, or retained. This
bill would also require the county to take certain steps to implement
an adopted land plan, including recording a conservation easement
for the purpose of agricultural preservation and open-space
conservation on each property identified for retention by April 1,
2012. 
   The bill would declare that  this requirement is 
 these requirements are  an amendment of the act within the
meaning of Section 6 of the act and is consistent with the act.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature authorizes,
pursuant to paragraph (2) of subdivision (a) of Section 5919 of the
Public Resources Code, the County of San Bernardino to sell property
it owns within the Chino Agricultural Preserve that was purchased
with grant funds from the California Wildlife, Coastal, and Park Land
Conservation Act (Division 5.8 (commencing with Section 5900) of the
Public Resources Code), provided that the sale meets the conditions
of subdivision (b) of Section 5919 of the Public Resources Code and
all of the following conditions:  
   (1) The County of San Bernardino shall use all the proceeds from
each sale only for the acquisition of replacement land or
conservation easements within the Chino Agricultural Preserve. An
exception to this may only be granted by the California Department of
Parks and Recreation.  
   (2) The County of San Bernardino shall preserve all lands and
conservation easements acquired or dedicated as authorized by this
subdivision in perpetuity for agricultural preservation and
open-space conservation purposes.  
   (3) By April 1, 2011, the County of San Bernardino shall place a
deed restriction on each property it acquired with grant funds from
the California Wildlife, Coastal, and Park Land Conservation Act. The
deed restriction shall be written for the purposes of agricultural
preservation and open-space conservation. Each deed restriction shall
be recorded with the County assessor. Each deed restriction shall be
in effect until either a conservation easement is recorded on the
property, pursuant to subparagraph (A) of paragraph (2) of
subdivision (c), or until the County of San Bernardino sells or
exchanges the property.  
   (4) The County of San Bernardino satisfies all conditions in
paragraph (1) of subdivision (c), and those conditions in paragraph
(1) of subdivision (c) that are necessary to implement the adopted
plan.  
   (b) For purposes of this subdivision, the following definitions
apply:  
   (1) "County" means the County of San Bernardino.  
   (2) "Board" means the Board of Supervisors for the County of San
Bernardino.  
   (3) "Department" means the California Department of Parks and
Recreation.  
   (4) "Plan" means the detailed land plan that is prepared to show
the existing and proposed disposition of lands purchased by the
County of San Bernardino in the Chino Agricultural Preserve with
funds from the California Wildlife, Coastal, and Park Land
Conservation Act (Division 5.8 (commencing with Section 5900) of the
Public Resources Code).  
   (5) "Grant funds" means the grant that was made to the County of
San Bernardino from the California Department of Parks and Recreation
from the California Wildlife, Coastal, and Park Land Conservation
Act (Division 5.8 (commencing with Section 5900) of the Public
Resources Code).  
   (6) "Preserve" means the Chino Agricultural Preserve as defined by
the boundaries of the 14,000-acre Chino Agricultural Preserve as it
existed on June 8, 1988 and includes property surrounding the Chino
airport.  
   (c) (1) The county shall not sell or acquire land or conservation
easements pursuant to this section unless and until the board adopts
a detailed land plan by December 31, 2011. The adopted plan shall
meet all of the following conditions:  
   (A) It identifies each parcel of property acquired with grant
funds and shows which specific parcels will be sold, exchanged,
purchased, or retained.  
   (B) For each parcel to be sold, exchanged, purchased and retained,
it identifies whether the parcel will be acquired or retained in fee
title or as a conservation easement.  
   (C) To the extent feasible and practical, the plan will maximize
the connectivity of lands for agricultural preservation and
open-space conservation purposes.  
   (D) If the plan results in any net loss in acreage or agricultural
and open-space value of protected land in comparison to what was
purchased with grant funds, the plan shall identify additional land
within the preserve to compensate for that loss.  
   (E) An environmental review accompanies the land plan.  
   (F) The land plan was provided to the department for its review
and approval no less than 90 days prior to the county's adoption. The
land plan must be approved by the department before it can be
approved by the board. If the department does not approve the plan it
shall provide the reasons to the county.  
   (G) The county holds a public hearing before the board for the
purpose of reviewing the land plan and taking public comment. The
hearing shall be scheduled for a specific time during a regularly
scheduled meeting of the board, and shall be separately noticed and
publicized.  
   (H) The land plan and environmental review demonstrate that there
is no net loss in acreage or agricultural and open-space value as a
result of implementation of the plan.  
   (2) To implement the adopted land plan, the county must take the
following steps, which are required to fulfill the adopted land plan
as well as any other actions that may be necessitated by the land
plan:  
   (A) By April 1, 2012, the county shall record a conservation
easement for the purposes of agricultural preservation and open-space
conservation on each property identified for retention in the
adopted plan.  
   (B) Within 90 days of the acquisition of any property in fee
title, the county shall record a conservation easement on the
property for the purposes of agricultural preservation and open space
conservation.  
   (C) If the plan identified a net loss in acreage or agricultural
or open-space value of protected lands, the county shall acquire or
dedicate additional land or conservation easements within the
preserve to compensate for that loss no later than one year following
the sale of the last property to be disposed. Any conservation
easement shall be for the purposes of agricultural preservation and
open-space conservation.  
   (D) If the county acquires a conservation easement through
purchase or exchange in furtherance of the plan, the conservation
easement shall be for the purposes of agricultural preservation and
open-space conservation.  
   (E) Prior to closing any real property transactions with respect
to the land plan, the county shall submit independent appraisals of
the land to be sold and the land to be acquired to the department for
concurrence with state appraisal standards. The county shall make
these appraisals available to the public.  
   (F) Before recordation, each conservation easement shall be
approved by the department. Each conservation easement shall be in
perpetuity.  
   (d) If the county fails to adopt a detailed land plan by December
31, 2011 that meets the criteria outlined in this section it may
apply to the department for an amendment of the time requirement
specified in subdivision (c). No elements or requirements of the land
plan may be eliminated or substantively modified as part of the
amendment. If the county does not apply for an amendment or the
department does not approve an amendment, the county shall record a
conservation easement on all lands purchased within the preserve with
grant funds no later than April 1, 2012. Before recordation, each
conservation easement shall be approved by the department. Each
conservation easement shall be for the purposes of agricultural
preservation and open-space conservation, and each shall be in
perpetuity.  
   (e) This section shall not be construed to exempt the county from
the requirements of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code). 
   SEC. 2.    Section 1 of this act is an amendment to
the California Wildlife, Coastal, and Park Land Conservation Act
(Division 5.8 (commencing with Section 5900) of the Public Resources
Code) within the meaning of Section 6 of that act, and is consistent
with the purpose of that act. 
   SEC. 3.    Chapter 377 of the Statutes of 2004 is
repealed.  
  SECTION 1.    Section 5919 of the Public Resources
Code is amended to read:
   5919.  (a) (1) State funds authorized under Section 5907 shall not
be disbursed unless the applicant agrees to all of the following:
   (A) To maintain and operate the property acquired, developed,
rehabilitated, or restored with the funds in perpetuity. With the
approval of the granting agency, the applicant or its successors in
interest in the property may transfer the responsibility to maintain
and operate the property in accordance with this section.
   (B) To use the property only for the purposes of this division and
to make no other use, sale, or other disposition of the property
except as authorized by specific act of the Legislature.
   (2) An applicant for a grant pursuant to paragraph (3) of
subdivision (b), and subdivisions (c), (d), and (e), of Section 5907
shall submit an application to the administering agency for grant
approval. Each application shall include in writing the agreements
specified in paragraph (1).
   (3) The agreements specified in paragraph (1) shall not prevent
the transfer of property acquired, developed, rehabilitated, or
restored with funds authorized pursuant to Section 5907 from the
applicant to a public agency, provided the successor public agency
assumes the obligations imposed by those agreements.
   (b) (1) If the use of the property acquired through grants
pursuant to this division is changed to one other than permitted
under the category from which the funds were appropriated, or the
property is sold or otherwise disposed of, an amount equal to the (A)
amount of the grant, (B) the fair market value of the real property,
or (C) the proceeds from the portion thereof, acquired, developed,
rehabilitated, or restored with the grant shall be used by the
grantee, subject to subdivision (a), for a purpose authorized in that
category or shall be reimbursed to the fund and be available for
appropriation only for a use authorized in that category.
   (2) If the property sold or otherwise disposed of is less than the
entire interest in the property originally acquired, developed,
rehabilitated, or restored with the grant, an amount equal to the
proceeds or the fair market value of the property interest sold or
otherwise disposed of, whichever is greater, shall be used by the
grantee, subject to subdivision (a) of this section, for a purpose
authorized in that category or shall be reimbursed to the fund and be
available for appropriation only for a use authorized in that
category.
   (c) If, in furtherance of the intent of, and any agreements made
pursuant to paragraph (1) of subdivision (a), the grantee or its
successors in interest committed through resolution, contract, or
other instrument to place a conservation, agricultural, or open space
easement on the property acquired, developed, rehabilitated, or
restored with state funds authorized under subparagraph (F) of
paragraph (3) of subdivision (b) of Section 5907, the easement shall
be approved by the granting agency and shall be recorded in
accordance with Section 815.5 of the Civil Code, on or before July 1,
2011. The conservation easement shall provide that the real property
will be maintained and operated in perpetuity consistent with the
requirements of Chapter 4 (commencing with Section 815) of Division 2
of Part 2 of Title 2 of the Civil Code, only for the purposes set
forth in this division, and no other use, sale, or other disposition
of the real property shall be made except as authorized by specific
act of the Legislature.  
  SEC. 2.    Section 1 of this act is an amendment
to the California Wildlife, Coastal, and Park Land Conservation Act
(Division 5.8 (commencing with Section 5900) of the Public Resources
Code) within the meaning of Section 6 of that act, and is consistent
with the purpose of that act.