BILL ANALYSIS SB 1124 Page 1 SENATE THIRD READING SB 1124 (Negrete McLeod) As Amended August 20, 2010 2/3 vote SENATE VOTE :28-7 WATER, PARKS & WILDLIFE 13-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, | | |Anderson, Arambula, Tom | |Bradford, | | |Berryhill, Blumenfield, | |Charles Calderon, Coto, | | |Caballero, De La Torre, | |Davis, | | |Fletcher, Gatto, Bonnie | |De Leon, Gatto, Hall, | | |Lowenthal, Salas, Yamada | |Harkey, Miller, Nielsen, | | | | |Norby, Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | ----------------------------------------------------------------- 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, sold and acquired. Specifically, this bill : 1)Authorizes San Bernardino County (County) to sell or exchange 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 sale or exchange satisfies the original purposes of the grant agreement between the county and the Department of Parks and Recreation (DPR), as modified by this bill; b) The sale meets conditions of existing law requiring an amount equal to the sale proceeds or fair market value of the property sold to be used by the grantee for the same purposes; c) The County preserves all lands and conservation easements acquired or dedicated in perpetuity for agricultural preservation, including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open space conservation purposes; SB 1124 Page 2 d) The County, by April 1, 2011, places a deed restriction on each property it acquired with Proposition 70 funds. The deed restriction shall be written for the purposes described in c) above, recorded with the county recorder, and in effect until either a conservation easement is recorded on the property or the county sells or exchanges the property; e) The County adopts and implements a land plan that meets specified conditions. 2)Prohibits the County from selling, exchanging, or acquiring replacement land or conservation easements unless and until it has adopted a detailed land plan. 3)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. 4)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 habitat 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 habitat 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. 5)Requires that the plan be provided to DPR for review and approval no less than 90 days prior to the county's adoption. Requires DPR if it does not approve or disapprove the land plan within 45 days of receipt, to provide written comments setting forth its concerns or suggested modifications that could lead to DPR approval. 6)Requires the County to hold a public hearing before the County Board of Supervisors on the plan. 7)Requires the County, by April 1, 2012, to record a conservation easement on each property retained, and within 90 days of acquisition on any property acquired. Requires that the SB 1124 Page 3 easements be in perpetuity and approved by DPR. 8)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 no later than 60 days following sale or exchange of the last property. 9)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 apply for an extension of time, or DPR does not approve an extension, the county shall be required to record conservation easements, as approved by DPR, on all lands purchased with Proposition 70 bond funds within the Chino Agricultural Preserve by June 1, 2012. 10)Requires the County to provide a report to DPR on all expenditures and revenues from all the sales or exchanges of land under the land plan. Authorizes the County, if there are unexpended proceeds, to propose a plan to DPR for expenditure of the funds for acquisitions or capital improvements to land or easements purchased with grant funds. With the exception of revenues from the sale or exchange of land, authorizes the county to use all income generated from the properties it owns within the preserve for acquisition of additional replacement land within the preserve or for improvement, operation and maintenance of existing or replacement land within the preserve. 11)Provides that this bill does not exempt the County from the requirements of CEQA. 12)Declares that this bill is an amendment to Proposition 70 within the meaning of that act and consistent with its purposes. EXISTING LAW : 1)Proposition 70, approved by the voters in 1988, authorized $776 million in general obligation bond funds for various land 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 SB 1124 Page 4 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 : 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 : The author indicates the purpose of this bill is to ensure that $20 million in public funds awarded to the 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 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; SB 1124 Page 5 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 habitat value. The most recent amendments address the concerns of the County. There is no known opposition. Since this bill amends provisions enacted by an initiative measure it requires a two-thirds vote. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096 FN: 0006453