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 SENATE  APRIL 6, 2010

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to amend Section 5919 of the Public Resources Code,
relating to land conservation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1124, as amended, Negrete McLeod. Land conservation: California
Wildlife, Coastal, and Park Land Conservation Act.
   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 a2/3 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.
   This bill would require a grantee, or its successors in interest,
 to record a conservation easement at the time property is
  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  , to record the easement on
or before July 1, 2011, and would require the granting agency to
approve the easement  .  With respect to previously
acquired, developed, rehabilitated, or restored properties, the bill
would require the recording of a grant easement on or before April 1,
2011.  The bill would require the  conservation
 easement to  , among other things, 
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.
   The bill would declare that this requirement is 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.  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)  To implement the   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
 shall record, or shall require the recording of, a
conservation easement   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  the  state funds
authorized under  paragraph (3) of subdivision (b) of 
Section 5907  . The conservation easement   ,
the easement shall be approved by the granting agency and  shall
be recorded in accordance with Section 815.5 of the Civil Code
 at the time that the property is acquired, developed,
rehabilitated, or restored and, in the case of properties previously
acquired, developed, rehabilitated, or restored with the funds
authorized under Section 5907  , on or before  April
  July  1, 2011. The conservation easement shall
provide  both of the following: 
    (1)     That 
 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. 
   (2) That the grantee, a subsequent transferee or assignee of the
grantee, the administering agency, the granting agency, the state,
and the holder of the conservation easement shall have standing as
interested parties and as third-party beneficiaries to enforce the
terms of the easement and to seek the appropriate relief for either
actual or threatened violations of the terms of the easement,
including injunctive relief, specific performance of the terms of the
easement, and all of the rights and remedies set forth in Chapter 5
(commencing with Section 815) of Title 2 of Part 2 of Division 2 of
the Civil 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.