BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1124|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1124
          Author:   Negrete McLeod (D)
          Amended:  8/20/10
          Vote:     27

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  7-0, 4/13/10
          AYES:  Pavley, Hollingsworth, Kehoe, Lowenthal, Padilla,  
            Simitian, Wolk
          NO VOTE RECORDED:  Cogdill, Huff

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           SENATE FLOOR  :  22-6, 5/28/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Kehoe, Leno, Liu, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,  
            Steinberg, Wolk, Wright, Yee
          NOES:  Ashburn, Dutton, Hollingsworth, Huff, Strickland,  
            Wyland
          NO VOTE RECORDED:  Aanestad, Cogdill, Cox, Denham, Hancock,  
            Harman, Oropeza, Runner, Walters, Wiggins, Vacancy,  
            Vacancy

           ASSEMBLY FLOOR  :  75-0, 8/23/10 - See last page for vote


           SUBJECT  :    Land conservation:  California Wildlife,  
          Coastal, and Park
                        Land Conservation Act

           SOURCE  :     Author

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           DIGEST  :    This bill 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.

           Assembly Amendments  authorize San Bernardino 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, delete a requirement that the county use all the  
          proceeds from each sale only for the acquisition of  
          replacement land or conservation easements within the Chino  
          Agricultural Preserve, and require the county to preserve  
          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.

           ANALYSIS  :    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 the Department of Parks and Recreation (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  

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            be sold and acquired and makes these appraisals available  
            to the public. 

          This bill: 

          1. Authorizes San Bernardino 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  
               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; 

             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. 


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          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 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. 

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          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 the California Environmental Quality  
             Act. 

          12.Declares that this bill is an amendment to Proposition  
             70 within the meaning of that act and consistent with  
             its purposes.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          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. 

           SUPPORT  :   (Verified  8/24/10)

          California Council of Land Trusts
          Planning and Conservation League 


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           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          Proposition 70 required that all property purchased with  
          the bond monies be protected and maintained in perpetuity.  
          "Unfortunately, not all of the land purchased with Prop 70  
          has been protected as intended. San Bernardino County is a  
          case in point. The County purchased 37.26 acres for the  
          Chino Agricultural Preserve in 1991 but still has not taken  
          the necessary actions to place the easement on the land."  
          The author refers to a County resolution and correspondence  
          from DPR to the county indicating the county's obligation  
          to place easements on the purchased properties, however  
          easements have not yet been placed.  The author contends  
          that this bill will remedy this problem.

           ARGUMENTS IN OPPOSITION  :    The County of San Bernardino  
          opposes this bill because they believe this bill will  
          hamper their plans to conduct a land exchange, as  
          authorized by AB 2063, in order to create a consolidated  
          section of preserved land within the Chino and Ontario  
          agricultural preserves where they plan to construct a  
          Cultural Heritage Center.  The county contends that, "The  
          current Proposition 70 properties are loosely situated and  
          have created isolated parcels, some of which lack public  
          access. The sporadic location of these properties have no  
          public value." 


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Eng, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Gaines, Galgiani, Garrick, Gatto,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Evans, Furutani, Norby, Vacancy, Vacancy



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          CTW:nl  8/24/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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