BILL ANALYSIS                                                                                                                                                                                                    

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          Date of Hearing:   August 4, 2010

                                Felipe Fuentes, Chair

                SB 1124 (Negrete McLeod) - As Amended:  June 21, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            13-0

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:              No


          This bill allows San Bernardino County to exchange lands  
          purchased with certain state park bond funds if the county meets  
          specified requirements.  Specifically, this bill:

          1)Allow San Bernardino County to sell property it owns within  
            Chino Agricultural Preserve that the county purchased with  
            grants from the California Wildlife, Coastal, and Park Land  
            Conservation Act of 1988 (Proposition 70), if:

               a)     The county conserves all lands and conservation  
                 easements acquired or dedicated in perpetuity for  
                 agricultural preservation and open space conservation  

               b)     The county, by April 1, 2011, places on each  
                 property a deed restriction for agricultural preservation  
                 and open space conservation, to remain in effect until  
                 either a conservation easement is recorded 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, subject  
                 to exception provided by the Department of Parks and  
                 Recreation (DPR).

               d)     The county adopts and implements a land plan  
                 approved by DPR.

          1)Provides that if the county fails to adopt an approved land  


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            plan by December 31, 2011, the county shall record  
            conservation easements on all lands purchased with Proposition  
            70 bond funds within the Chino Agricultural Preserve by June  
            1, 2012, unless DPR grants an extension.

           FISCAL EFFECT  

          Minor, absorbable costs to DPR to review and approve the  
          county's land plan, extension requests and conservation  
          easements and to review land value appraisals.


           1)Rationale  .  The author intends this bill to ensure that $20  
            million in public funds awarded to San Bernardino County from  
            Proposition 70 in 1988 are protected and used as the voters  
            intended-to protect open space land forever.  

           2)Background  .  

              a)   The California Wildlife, Coastal, and Park Land  
               Conservation Act  (Proposition 70) was approved by the  
               voters in 1988.  The proposition authorized $776 million in  
               general obligation bond funds for various land conservation  
               purposes, including $185 million to DPR for grants to local  
               agencies.  Proposition 70 required any applicant for grants  
               under Proposition 70 to agree to maintain and operate the  
               property in perpetuity.

              b)   DPR Grant to San Bernardino County  .  DPR awarded $20  
               million in Proposition 70 funds to San Bernardino County  
               for acquisition of land within Chino Agricultural Preserve.  
                According to the policy committee analysis, the county  
               agreed to place any land it obtained with the funds under  
               an agricultural conservation easement; however, today, none  
               of the approximately 370 acres purchased by the county with  
               Proposition 70 funds is under easement or other deed  

           3)Related Legislation  .  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 are used to acquire replacement land within  
            Chino Agricultural Preserve, the county prepares a detailed  
            land plan approved by the Board of Supervisors, there is no  


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            net loss of acreage or habitat value as a result of the  
            exchange, and the county receives an independent appraisal of  
            the lands to be sold and.   

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081