BILL NUMBER: AB 384 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2011
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 14, 2011
An act to add Sections 4659 and 5019.6
Section 4659 to the Public Resources Code, relating to state
forest land.
LEGISLATIVE COUNSEL'S DIGEST
AB 384, as amended, Chesbro. State forest land: Jackson
State Demonstration State Forest.
Existing law authorizes the Department of Forestry and Fire
Protection to engage in the management, protection, and reforestation
of state forests and requires the Department of Parks and Recreation
to have control of the state park system.
This bill would require authorize
the Director of General Services, subject to the approval of the
Department of Forestry and Fire Protection, to grant an option to the
City of Fort Bragg and the County of Mendocino for either entity to
acquire title to certain property for the purpose of developing a
solid waste transfer station. The bill would require, if this option
is exercised, that the entity acquiring title to the property execute
and record in favor of the Department of Parks and Recreation a
covenant restricting the uses and activities at a specified Caspar
landfill Landfill property and an
option to grant ownership to that department of a specified portion
of the Caspar landfill Landfill
property. The bill would authorize the Department of Forestry
and Fire Protection and the Department of Parks and Recreation to be
compensated for the loss of certain property, as provided.
The bill would also require authorize
the Department of Parks and Recreation, with the approval of
the Director of General Services, to transfer a certain portion of
Russian Gulch State Park to the Department of Forestry and Fire
Protection, to be included as a part of the Jackson Demonstration
State Forest, if the City of Fort Bragg or the County of Mendocino
exercises that option.
The bill would also provide that if successful development and
operation of a solid waste transfer station does not occur 10 years
from the date of recordation of the transfer document, the title to
the property would revert back to the Department of Forestry and Fire
Protection and the entity acquiring title would be required to
reimburse the state for the administrative costs incurred by the
state to process the reversionary documents.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The City of Fort Bragg and the County of Mendocino seek to
improve solid waste management in the greater Fort Bragg area by
developing a commercial transfer station capable of efficiently
managing all solid waste generated in the vicinity.
(b) Following a comprehensive siting study, a potential site of
approximately up to 17 acres was
identified for a transfer station located within a portion of the
Jackson Demonstration State Forest, on its northern boundary.
(c) The State Board of Forestry and Fire Protection
adopted a resolution on April 6 7 ,
2010, that stated that transfer of this site to the city or county
would not cause significant adverse programmatic impacts to the
Jackson Demonstration State Forest.
(d) The Jackson Demonstration State Forest shall be
(d) The Department of Forestry and Fire
Protection, on behalf of the state, may be compensated for
loss of the approximately up to 17-acre
site by transfer from th e Department of Parks and
Recreation, on behalf of the state of 12.6 acres in Russian
Gulch State Park, which is separated from the remainder of the state
park by a county road.
(e) Russian Gulch State Park shall The
Department of Parks of Recreation, on behalf of the state, may
be compensated, in turn, for loss of the 12.6 acres in Russian
Gulch State Park specified in subdivision (d) by the grant of a
restrictive covenant on 60 acres of city and county property on the
north boundary of the state park, which is currently a closed
landfill and small volume transfer station, whose continued operation
causes undesirable impacts on the state park, and by an option to
buy 35 acres of the city and county property.
(f) The interests and welfare of the state will be advanced by
granting an option to the city and the county to take title to the
Jackson Demonstration State Forest site, subject to the additional
terms described in subdivisions (d) and (e), if the city and the
county complete a site selection process and environmental review
that finds that this site shall be the selected alternative.
SEC. 2. Section 4659 is added to the Public Resources Code, to
read:
4659. (a) For purpose of this section, the following definitions
shall apply:
(1) "City" means the City of Fort Bragg.
(2) "County" means the County of Mendocino.
(3) "Entity acquiring title" means either the city or the county,
whichever exercises the option specified in subdivision (c) to take
title to the property.
(4) "Property" means the certain real property described as the
easterly 17 acres, more or less, of that portion of Mendocino County
Assessor's Parcel Number 019-150-05 which is north of State Highway
20, located in a portion of the Jackson Demonstration State Forest.
(5) "Solid waste transfer station" has the same meaning as
transfer station, as defined in Section 40200.
(b) Notwithstanding any other law, the Director of General
Services, subject to the approval of the Department of Forestry and
Fire Protection, shall may grant an
option to the city or to the county, for either entity to acquire
title to the property for the purpose of developing a solid waste
transfer station.
(c) The option agreement shall have a term of five years, from the
date of execution, for the city or county to exercise the option and
take title to the site.
(d) Following the transfer of title, the entity acquiring title
shall complete the development of, and open, a solid waste transfer
station no later than 10 years from the date of recordation of the
transfer document or the title to the property shall revert back to
the Department of Forestry and Fire Protection and the entity shall
reimburse the state for the administrative costs incurred by the
state to process the reversionary documents.
(e) If the entity acquiring title to the property is successful in
opening a solid waste transfer station on the site, all delivery and
acceptance of solid waste shall cease at the existing Caspar
landfill Landfill property, also known
as Mendocino County Assessor's Parcel Numbers 118-500-10 and
118-500-11.
(f) The Department of Forestry and Fire Protection, on behalf of
the state, may be compensated for loss of up to 17 acres of the
Jackson Demonstration State Forest by transfer from the Department of
Parks and Recreation, on behalf of the State of California, of 12.6
acres in Russian Gulch State Park, which is separated from the
remainder of the state park by a county road.
(g) The Department of Parks and Recreation, on behalf of the
state, may be compensated, in turn, for loss of the 12.6 acres in
Russian Gulch State Park specified in subdivision (f) by the grant of
a restrictive covenant on 60 acres of city and county property on
the northern boundary of the state park, which is currently a closed
landfill and small volume transfer station, and by an option to buy
35 acres of the city and county property.
(h) If the city or county exercises the option to take title to
the property pursuant to this section, the Department of Parks and
Recreation, with the approval of the Director of General Services,
may transfer to the Department of Forestry and Fire Protection
jurisdiction over that portion of Russian Gulch State Park northeast
of Mendocino County Road 409, being 12.6 acres, more or less, and
being a portion of Mendocino County Assessor's Parcel Number
118-520-02, to be included as a part of the Jackson Demonstration
State Forest under the direction of the Department of Forestry and
Fire Protection.
(f)
(i) If the option to acquire the property is exercised,
the entity acquiring title to the property shall execute and record
in favor of the Department of Parks and Recreation both of the
following:
(1) A covenant restricting the uses and activities at the Caspar
Landfill property to prevent any significant nuisance impacts on
Russian Gulch State Park. The form of this restrictive covenant shall
be approved, prior to recordation, by the Department of Parks and
Recreation.
(2) An option with a term of 99 years and a price of one dollar
($1.00) to grant ownership of the westernmost 35 acres of the Caspar
landfill property, described in subdivision (e), with road access to
that property.
(g)
(j) The entity acquiring title to the property shall
reimburse the state for the difference in the appraised value of the
assets that are to be exchanged, if the state is found to be
receiving less value, and for reasonable administrative costs
incurred to complete the transfer of title.
(h)
(k) The entity acquiring title of the property shall be
solely responsible for compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) in
connection with the transfer of property ownership and development of
the solid waste transfer station.
(i)
(l) The exchange of lands carried out pursuant to this
section and Section 5019.6 shall be based on
current fair market value and subject to the terms and conditions,
and with the reservations, restrictions, and exceptions that
, in the opinion of the Director of General Services
, determines are in the best interests
of the state, including the condition that the exchange shall result
in no net cost or loss to the state.
SEC. 3. Section 5019.6 is added to the Public
Resources Code, to read:
5019.6. If the City of Fort Bragg or the County of Mendocino
exercises the option to take title to a portion of the Jackson
Demonstration State Forest pursuant to Section 4659, the Department
of Parks and Recreation, with the approval of the Director of General
Services, shall transfer to the Department of Forestry and Fire
Protection jurisdiction over that portion of Russian Gulch State Park
northeast of Mendocino County Road 409, being 12.6 acres, more or
less, and being a portion of Mendocino County Assessor's Parcel
Number 118-520-02, to be included as a part of the Jackson
Demonstration State Forest.