BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                  SB 1124|
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                                 THIRD READING

          Bill No:  SB 1124
          Author:   Negrete McLeod (D)
          Amended:  5/10/10
          Vote:     27

           SENATE NATURAL RES. & WATER COMMITTEE  :  7-0, 4/13/10
          AYES:  Pavley, Hollingsworth, Kehoe, Lowenthal, Padilla,  
            Simitian, Wolk
          NO VOTE RECORDED:  Cogdill, Huff

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           SUBJECT  :    Land conservation:  California Wildlife,  
          Coastal, and Park
                        Land Conservation Act

           SOURCE  :     Author

           DIGEST  :    This bill requires that all grantees of funds  
          from Proposition 70 to record an easement by July 1, 2011  
          on all property acquired, developed, rehabilitated, or  
          restored, if the grantee committed to place that easement.  
          The conservation easement must be approved by DPR and must  
          provide that the property will be maintained and operated  
          in perpetuity.

           ANALYSIS  :    In 1988, the voters passed Proposition 70,  
          titled the California Wildlife, Coastal, and Park Land  
          Conservation Act.  Proposition 70 provided $776 million for  
          various land conservation purposes.  Proposition 70  


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          approved $185.4M of bond monies to the Department of Parks  
          and Recreation (DPR) for specified grants to local  
          agencies, including a $20M grant to the County of San  
          Bernardino for the acquisition of land primarily through  
          the use of conservation easements within the Chino  
          Agricultural Preserve.  Any applicant for grants under  
          Proposition 70 agree to maintain and operate the property  
          acquired, developed, rehabilitated, or restored with the  
          bond dollars in perpetuity.

          AB 2063 (Negrete McLeod, 2004) authorized the County of San  
          Bernardino to sell property acquired with Proposition 70  
          dollars if the following conditions are met: 

          1.All proceeds from the sale are used to acquire  
            replacement land within the Chino Agricultural Preserve.

          2.The county prepares a detailed land plan indicating the  
            properties to be sold and acquired and is approved by the  
            Board of Supervisors.

          3.There is no net loss in acreage or habitat value as a  
            result of the exchange.

          4.The county holds a public hearing before the Board of  
            Supervisors to review the land plan.

          5.The county receives independent appraisal of the lands to  
            be sold and acquired and makes these appraisals available  
            to the public.

          6.Agricultural conservation easements must be recorded on  
            all newly acquired land at the time of purchase and  
            recorded on previously acquired property within 60 days  
            of the approval of the land plan. Easements do not need  
            to be placed on lands identified for sale in the land  

          To date, San Bernardino has not taken any action to  
          exercise this land exchange authority.

          Existing law requires that conservation easements be  
          recorded with the county recorder of the county where the  
          land is situated. 



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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/10/10)

          California Council of Land Trusts
          Planning and Conservation League 

           OPPOSITION  :    (Verified  5/10/10)

          County of San Bernardino 

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          Proposition 70 required that all property purchased with  
          the bond monies be protected and maintained in perpetuity.  
          "Unfortunately, not all of the land purchased with Prop 70  
          has been protected as intended. San Bernardino County is a  
          case in point. The County purchased 37.26 acres for the  
          Chino Agricultural Preserve in 1991 but still has not taken  
          the necessary actions to place the easement on the land."  
          The author refers to a County resolution and correspondence  
          from DPR to the county indicating the county's obligation  
          to place easements on the purchased properties, however  
          easements have not yet been placed.  The author contends  
          that this bill will remedy this problem.

           ARGUMENTS IN OPPOSITION  :    The County of San Bernardino  
          opposes this bill because they believe this bill will  
          hamper their plans to conduct a land exchange, as  
          authorized by AB 2063, in order to create a consolidated  
          section of preserved land within the Chino and Ontario  
          agricultural preserves where they plan to construct a  
          Cultural Heritage Center.  The county contends that, "The  
          current Proposition 70 properties are loosely situated and  
          have created isolated parcels, some of which lack public  
          access. The sporadic location of these properties have no  
          public value." 

          DLW:CTW:nl  5/10/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE



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