BILL NUMBER: SB 1431 CHAPTERED BILL TEXT CHAPTER 135 FILED WITH SECRETARY OF STATE JULY 17, 2008 APPROVED BY GOVERNOR JULY 17, 2008 PASSED THE SENATE APRIL 28, 2008 PASSED THE ASSEMBLY JUNE 30, 2008 AMENDED IN SENATE APRIL 16, 2008 AMENDED IN SENATE APRIL 1, 2008 INTRODUCED BY Senator Wiggins (Coauthor: Assembly Member Berg) FEBRUARY 21, 2008 An act to add Section 5011.7 to the Public Resources Code, relating to parks and recreation. LEGISLATIVE COUNSEL'S DIGEST SB 1431, Wiggins. 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. This bill would require the department to adopt, on or before July 1, 2009, written policies regarding conservation easement purchases and make those policies available on the department's Internet Web site. 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, while maintaining land in private ownership and productive use. (b) For the purposes of this section, the following terms have the following meaning: (1) "Conservation easement" means 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. (2) "Local government" means a city, county, or district. (3) "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, pursuant to the requirements of Section 5006, 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 funds appropriated to the department through the annual Budget Act that have been authorized for encumbrance for either capital outlay or local assistance. (2) The director shall not disburse 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 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 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) On or before July 1, 2009, the department shall adopt written policies regarding conservation easement purchases. At a minimum, these policies shall include procedures to monitor and enforce the provisions of the conservation easement. The policies shall be made available on the department's Internet Web site.