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  AUGUST 20, 2010
	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 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 revise and recast that law to authorize the County
of San Bernardino to sell  or exchange  property it owns
within the Chino Agricultural Preserve that was purchased with grant
funds  from   provided pursuant to  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   preserves
all lands and conservation easements, acquired or dedicated, in
perpetuity for   agricultural preservation, as specified, or
for open-space conservation purposes  . The bill would prohibit
the county from selling  or acquiring   ,
exchanging, or otherwise acquiring replacement  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   ,   as
specified, or  open-space conservation on each property
identified for retention by April 1, 2012. 
   The bill, among other things, would also require the county to
provide a report to the California Department of Parks and Recreation
on all expenditures and revenues from all of the sales or exchanges
of land under the land plan, on the acreages of all lands or
easements sold, exchanged, and held, and on any funds from all of the
sales or exchanges of land under the land plan that have not been
expended. The bill would authorize the county to, among other things,
propose a plan to the department for the expenditure of any
unexpended proceeds from land sales or exchanges under the land plan,
to be approved by the department.  
    The bill would authorizes the county to, among other things,
apply to the department for an extension of the deadline to submit a
land plan if the county satisfies specified criteria. The bill would
require the department to review and approve or disapprove the
request within 60 days of receipt, among other things. 
   The bill would declare that 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 or
exchange property it owns within the Chino Agricultural Preserve that
was purchased with grant funds provided pursuant to 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 or exchange satisfies the original purposes of
the grant agreement between the county and department, except as
modified by paragraph (1), 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 preserve all lands and
conservation easements acquired or dedicated as authorized by this
subdivision in perpetuity for agricultural preservation, including
community gardens, agricultural heritage projects, agricultural and
wildlife education or wildlife habitat, or for open-space
conservation purposes.  
   (2) 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 set forth in
paragraph (1) of this subdivision. Each deed restriction shall be
recorded with the County Recorder. 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.  
   (3) The County of San Bernardino satisfies all conditions in
paragraphs (1) and (2) of subdivision (c) that are necessary to
develop and implement the adopted plan.  
   (b) For purposes of this section, 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
provided pursuant to 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, exchange, or otherwise acquire
replacement 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 the county will sell,
exchange, purchase, or retain.  
   (B) For each parcel to be sold, exchanged, purchased, or 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 the purposes set forth in paragraph (1)
of subdivision (a).  
   (D) If the plan results in any net loss in acreage or habitat
value of protected land in comparison to what was purchased with
grant funds, the plan shall identify the additional replacement land
within the preserve that the county shall acquire or dedicate 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 or
disapprove the land plan within 45 days of receipt, it must provide
written comments to the county setting forth its concerns or
suggested modifications to the county that could lead to the
department's approval if the land plan was accordingly modified.
 
   (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 habitat value as a result of
implementation of the plan.  
   (I) The initial land plan approved by the county and the
department may be amended from time to time by the county so long as
it follows the same steps required for approving the initial plan,
including approval by the department.  
   (2) To implement the adopted land plan, the county shall 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 set forth in paragraph (1) of subdivision
(a) 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 set forth in paragraph (1) of subdivision
(a).  
   (C) If the plan identifies a net loss in acreage or habitat value
of protected lands, the county shall acquire or dedicate additional
replacement 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 set forth in paragraph (1) of subdivision (a).
 
   (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 set forth in paragraph (1) of
subdivision (a).  
   (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 or exchanged and the land to be acquired to the
department for concurrence with state appraisal standards. The county
and department shall make these appraisals available to the public
no later than 60 days following the sale or exchange of the last
property to be disposed.  
   (F) Before recordation, each conservation easement shall be
approved by the department. Each conservation easement shall be in
perpetuity. The department shall review and approve or disapprove
each conservation easement within 60 days of receipt from the county.
If the department disapproves the conservation easement, it shall
provide the reasons in writing to the county.  
   (d) (1) After the approved land plan is fully implemented, the
county shall provide a report to the department on all expenditures
and revenues from all of the sales or exchanges of land under the
land plan, on the acreages of all lands or easements sold, exchanged,
and held, and on any funds from all of the sales or exchanges of
land under the land plan that have not been expended. If there are
unexpended proceeds from the sales or exchanges of land under the
land plan, the county may propose a plan to the department for the
expenditure of these funds for the acquisition of land or easements,
or capital improvements to land or easements purchased with grant
funds.  
   (2) With the exception of revenues from the sale or exchange of
land, the county may use all income generated from the properties it
owns within the preserve that were purchased with grant funds, or
that were acquired by exchange or purchase as authorized herein, for
the acquisition of additional replacement land within the preserve
pursuant to the land plan or for the improvement, operation, and
maintenance of existing or replacement land within the preserve.
 
   (3) All proposed uses of the funds from the sales or exchanges of
land shall be approved by the department and be eligible expenditures
under the California Wildlife, Coastal, and Park Land Conservation
Act (Division 5.8 (commencing with Section 5900) of the Public
Resources Code).  
   (e) If the county fails to adopt a detailed land plan by December
31, 2011, that satisfies the criteria outlined in this section, it
may apply to the department to extend the deadline specified in
subdivision (c) to a specific different date. Elements or
requirements of the land plan shall not be eliminated or
substantively modified as part of the extension. The department shall
review and approve or disapprove the request to extend the deadline
within 60 days of receipt from the county. If the department
disapproves the request for extension or modifies the requested date
of the extension, it shall provide the reasons in writing to the
county. If the county does not apply for an extension of the deadline
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 June 1, 2012. Before
recordation, each conservation easement shall be approved by the
department. Each conservation easement shall be for the purposes set
forth in paragraph (1) of subdivision (a), and each shall be in
perpetuity. The department shall review  and approve or disapprove
each conservation easement within 60 days of receipt from the county.
If the department disapproves the conservation easement, it shall
provide the reasons in writing to the county. 
   (f) This section does not exempt the county from the requirements
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).  
  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.