BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1124| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1124 Page 2 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 plan. 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. CONTINUED SB 1124 Page 3 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 CONTINUED SB 1124 Page 4 **** END **** CONTINUED