BILL ANALYSIS
SB 1124
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
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
SUMMARY
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
purposes.
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.
COMMENTS
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
restriction.
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