BILL NUMBER: AB 384	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN ASSEMBLY  APRIL 5, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 14, 2011

   An act to add 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
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 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
property and an option to  grant ownership to that department
of   purchase  a specified portion of the Caspar
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 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. 
   The bill would also require the city or county to indemnify the
state against liability that arises from any injury caused by, or any
remediation required by, any contamination on the landfill. The bill
would require the Department of Parks and Recreation to authorize
access to the landfill property to the county in order for the county
to perform monitoring, as specified. 
   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
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 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 Department of Forestry and Fire Protection, on behalf of
the state, may be compensated for loss of the up to 17-acre site by
transfer from the 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) The Department of Parks  of   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 (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, 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 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
  state  , 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.
    (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   purchase 
the westernmost 35 acres of the Caspar  landfill 
 Landfill  property, described in subdivision (e), with road
access to that property.
   (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.
    (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.
    (l) The exchange of lands carried out pursuant to this section
shall be based on current fair market value and subject to the terms
and conditions, and with the reservations, restrictions, and
exceptions that 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. 
   (m) (1) If the state exercises the option to purchase the
westernmost 35 acres of the Caspar Landfill property, pursuant to
paragraph (2) of subdivision (i), the city or county shall indemnify
the state against any liability that arises from any injury caused
by, or any remediation required by, any contamination on the Caspar
Landfill property that is transferred to the state.  
   (2) The Department of Parks and Recreation shall authorize access
to the property described in paragraph (1) to the county in order for
the county to perform monitoring, including monitoring of ground
water to ensure that there is no leakage or contamination from the
landfill.