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  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,
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 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.
   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.
   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) 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.