BILL NUMBER: AB 75	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 16, 2008
	AMENDED IN ASSEMBLY  DECEMBER 13, 2007

INTRODUCED BY   Assembly Member Blakeslee

                        DECEMBER 4, 2006

   An act to add Section 5011.7 to the Public Resources Code,
relating to parks and recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 75, as amended, Blakeslee.  Parks and recreation: easements.
   Under existing law, the Department of Parks and Recreation has
control of the state park system, and is authorized to grant
easements for specified purposes.
   This bill would authorize the department to acquire conservation
easements, as the bill would define that term, on real property if
the department determines that the conservation easement is necessary
to protect a unit of the state park system from an incompatible use
or to preserve and enhance the natural resource, cultural, or
historic value of the unit of the state park system.
   The bill would authorize the department to make grants to a state
or local government agency or a nonprofit land trust organization to
purchase and hold one of those conservation easements, if specified
requirements are met. 
   The bill would require the State Public Works Board to adopt
administrative procedures to implement the bill's provisions.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5011.7 is added to the Public Resources Code,
to read:
   5011.7.  (a) The Legislature finds and declares that the use of
conservation easements can assist the department in protecting the
natural resources of the state park system and prevent incompatible
uses on property at a low cost and while maintaining land in private
ownership and productive use.
   (b) For the purposes of this section, the following terms have the
following meaning:
   (1) "Board" means the State Public Works Board.
   (2) "Conservation easement" means  any   a
 limitation in a recorded instrument that contains an easement,
restriction, covenant, condition, or offer to dedicate, that has been
executed by or on behalf of the owner of the land subject to that
limitation and is binding upon successive owners of the land, and the
purpose of which is to retain land predominantly in its natural,
scenic, historical, agricultural, forested, or open-space condition.
"Conservation easement" includes a conservation easement as defined
in Section 815.1 of the Civil Code, an open-space easement as defined
in Section 51075 of the Government Code, and an agricultural
conservation easement as defined in Section 10211.
   (3) "Local government" means a city, county, or district.
   (4) "Nonprofit land trust organization" means a nonprofit
organization described in Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under
Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has
among its purposes the conservation of natural or cultural resources.

   (c) The department may acquire a conservation easement on real
property if the department determines that the conservation easement
is necessary to protect a unit of the state park system from an
incompatible use or to preserve and enhance the natural resource,
cultural, or historic value of the unit of the state park system.
   (d) (1) For the purposes of this section, the department may make
grants to a state or local government agency or a nonprofit land
trust organization to purchase and hold a conservation easement,
using  any funding allocation   funding
allocations  appropriated to the department for land acquisition
for the state park system, unless otherwise specified.
   (2) The director shall not disburse  any  grant
funds to a state or local government agency or a nonprofit land trust
organization to purchase and hold the easement until the grantee
agrees that the easement acquired will be used only for the purpose
for which the grant was requested.
   (3) The director shall find that  any   the
 disposition of the easement is consistent with, and in
furtherance of, the purposes of this division and that the holder of
the easement is qualified to monitor and enforce the easement.
   (4) If the state or local government agency or nonprofit land
trust organization holding the easement is dissolved, the easement
shall be transferred to a state or local government agency or
nonprofit land trust organization that is qualified to monitor and
enforce the easement. The transfer of the easement shall go into
effect after a subsequently recorded document reflecting that
transfer is recorded.
   (5) The easement or  any of  its terms may be
amended with the consent of  the property owner and  the
state or local government agency or nonprofit land trust organization
holding the easement and upon approval by the department if the
department determines that the amendment is consistent with this
section. An amendment to the conservation easement shall go into
effect once a subsequently recorded document setting forth the
amendment is recorded.
   (6) The director shall not disburse  any  grant
funds unless the recipient agrees to restrict the use of the land in
perpetuity. 
   (e) The board shall adopt administrative procedures for
implementing this section, including the standards, criteria, and
requirements necessary for acquiring, monitoring, transferring,
amending, recording, and enforcing a conservation easement.