BILL ANALYSIS                                                                                                                                                                                                    

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          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  

             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;


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             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  


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            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  


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            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;  


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          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)  

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