BILL ANALYSIS SB 1124 Page 1 Date of Hearing: June 29, 2010 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared William Huffman, Chair SB 1124 (Negrete McLeod) - As Amended: June 21, 2010 SENATE VOTE : 28-7 SUBJECT : Land Conservation: Park Bonds: San Bernardino County SUMMARY : Authorizes San Bernardino County to exchange lands purchased with state park bond funds if the county meets certain requirements relating to conservation easements and deed restrictions on lands retained and sold. Specifically, this bill : 1)Authorizes San Bernardino County (County) to sell property it owns within Chino Agricultural Preserve that was purchased with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act of 1988 (Proposition 70) if the following conditions are met: a) The County conserves all lands and conservation easements acquired or dedicated in perpetuity for agricultural preservation and open space conservation purposes. b) The County, by April 1, 2011, places a deed restriction on each property it acquired with Proposition 70 funds. The deed restriction shall be for agricultural preservation and open space conservation, recorded with the county assessor, and remain in effect until either a conservation easement is recorded on the property or the county sells or exchanges the property. c) The County uses all the proceeds for each sale only for acquisition of replacement land or conservation easements within the Chino Agricultural Preserve. Exceptions to this requirement may be granted only by the Department of Parks and Recreation (DPR). d) The County adopts and implements a land plan that meets specified conditions. 2)Requires the County to adopt a detailed land plan by December 31, 2011 that identifies each parcel acquired with Proposition 70 bond funds, and identifies the parcels which will be sold, exchanged, purchased and retained. SB 1124 Page 2 3)Requires the detailed land plan to maximize connectivity of lands to the extent feasible and practicable, to include an environmental review in compliance with the California Environmental Quality Act, and if the plan results in any net loss of acreage or value, to identify additional land within the Chino Agricultural Preserve to compensate for that loss. Requires that the land plan and environmental review demonstrate that there will be no net loss in acreage or agricultural and open space value, and that the county acquire or dedicate additional land or conservation easements within the preserve if necessary to compensate for any loss by no later than one year following the sale of the last property to be disposed. 4)Requires that the plan be provided to DPR for review and approval no less than 90 days prior to the county's adoption. 5)Requires the County to hold a public hearing before the County Board of Supervisors on the plan. 6)Requires the County, by April 1, 2012, to record a conservation easement for agricultural and open space purposes on each property retained, and within 90 days of acquisition on any property acquired. Requires that the easements be in perpetuity and approved by DPR. 7)Requires the County prior to closing any real property transaction with respect to the land plan, to submit independent appraisals to DPR for concurrence with state appraisal standards, and requires that the County make the appraisals available to the public. 8)Provides that if the County fails to adopt a detailed land plan by December 31, 2011 as required, the County may apply to DPR for an extension of time. If the county fails to complete the plan, the county shall be required to record conservation easements on all lands purchased with Proposition 70 bond funds within the Chino Agricultural Preserve by June 1, 2012. EXISTING LAW : 1)Proposition 70, approved by the voters in 1988, authorized $776 million in general obligation bond funds for various land SB 1124 Page 3 conservation purposes, including $185.4 million to DPR for grants to local agencies, of which $20 million was allocated to San Bernardino County for acquisition of land primarily through the use of conservation easements within Chino Agricultural Preserve. Proposition 70 required any applicant for grants under Proposition 70 to agree to maintain and operate the property in perpetuity. 2)AB 2063 (Negrete McLeod), Chapter 377, Statutes of 2004, authorized the County of San Bernardino to sell property acquired with Proposition 70 funds if proceeds from the sale were used to acquire replacement land within Chino Agricultural Preserve, and the county prepares a detailed land plan approved by the Board of Supervisors, there is no net loss of acreage or habitat value as a result of the exchange, the county holds a public hearing, and the county receives an independent appraisal of the lands to be sold and acquired and makes these appraisals available to the public. FISCAL EFFECT : Unknown COMMENTS : The author indicates the purpose of this bill is to ensure that $20 million in public funds awarded to San Bernardino County from Proposition 70 in 1988 are protected and used in the manner intended by the voters by requiring deed restrictions or conservation easements on the properties acquired by the county to ensure the land is protected in perpetuity. When the county was awarded the funds, it agreed to place any land it obtained under an agricultural conservation easement. The county also adopted a resolution stating its intent to place easements on the property. However, nearly 20 years later none of the approximately 370 acres purchased is under any kind of easement or other deed restriction. Five years ago the County indicated it desired to pursue a plan to consolidate and replace some of the properties, as the properties purchased with the Proposition 70 funds are not all contiguous and have created isolated parcels, some of which lack public access, diminishing their public value. Then-Assembly Member Negrete McLeod authored legislation (AB 2063, Chapter 377, Statutes of 2004), authorizing a land swap, as long as the land eventually retained by the county was placed under easement. To date such a plan has not been implemented. Essentially, this bill permits the county to pursue a land-consolidation/land-swap strategy, as long as the following SB 1124 Page 4 conditions are met: 1) the county, by April 1, 2011, places a temporary deed restriction on each of the properties it purchased with the Proposition 70 funds, 2) the county develops a detailed land plan within one year, identifying those lands it intends to retain, and those it intends to sell or exchange, 3) the county places conservation easements on the lands it intends to retain, 4) the county places conservation easements on those it acquires in exchange, and 5) the county demonstrates there will be no net loss in acreage or agricultural and open space value. The County of San Bernardino opposed the introduced version of this bill and argued that the existing law (AB 2063) does not give the county the flexibility needed to proceed with the county's conceptual plan to build a Cultural Heritage Center within the preserve. The county indicates it is now working with the author and the sponsor on this bill as amended, which it generally agrees with in concept, but indicates the language is still under review. In light of the fact that it has been over 20 years since the county was granted the bond funds at issue, and this bill represents the second legislative extension of time for the county to come into compliance, the committee may wish to consider whether additional remedies should be added for the state to recoup the funds should the county fail to fully comply within the timeframes laid out in this bill. REGISTERED SUPPORT / OPPOSITION : Support Planning and Conservation League California Council of Land Trusts Opposition County of San Bernardino Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096