BILL NUMBER: AB 484	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 15, 2011

   An act to amend Section 65965 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 484, as introduced, Alejo. Land use: natural resources:
transfer of long-term management funds.
   The Planning and Zoning Law authorizes a state or local public
agency to authorize a nonprofit organization to hold title to, and
manage an interest in, real property that the state or local public
agency requires a property owner to transfer to the agency to
mitigate any adverse impact upon natural resources caused by
permitting the development of a project or facility, provided the
nonprofit organization meets specified conditions. That law also
authorizes an agency that, in the development of its own project, is
required to transfer an interest in real property to mitigate an
adverse impact upon natural resources, to transfer the interest to a
nonprofit organization that meets the specified conditions.
   This bill would authorize funds set aside for the long-term
management of any lands or easements conveyed to a nonprofit
organization pursuant to the above provisions to also be conveyed to
the nonprofit organization. The bill would also authorize the
nonprofit organization to hold, manage, invest, and disburse the
funds in furtherance of managing and stewarding the land or easement
for which the funds were set aside.
   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.  Section 65965 of the Government Code is amended to
read:
   65965.  (a) For the purposes of this section, the following
definitions apply:
   (1) "Direct protection" means the protection and preservation of
natural lands or resources, including, but not limited to,
agricultural lands, wildlife habitat, wetlands, endangered species
habitat, open-space areas, or outdoor recreational areas.
   (2) "Stewardship" encompasses the range of activities involved in
controlling, monitoring, and managing for conservation purposes a
property, or a conservation or open-space easement, as defined by the
terms of the easement, and its attendant resources.
   (b) Notwithstanding any other provision of law to the contrary, if
a state or local public agency requires a property owner to transfer
to the agency an interest in real property to mitigate any adverse
impact upon natural resources caused by permitting the development of
a project or facility, the state or local public agency may
authorize a nonprofit organization to hold title to and manage that
interest in real property, provided that the nonprofit organization
is all of the following:
   (1) Exempt from taxation as an organization described in Section
501(c)(3) of the Internal Revenue Code, and qualified to do business
in the state.
   (2) A "qualified organization" as defined in Section 170(h)(3) of
the Internal Revenue Code.
   (3) An organization that has as its principal purpose and activity
the direct protection or stewardship of natural land or resources,
or cultural or historic resources, including, but not limited to,
agricultural lands, wildlife habitat, wetlands, endangered species
habitat, open-space areas, and outdoor recreational areas.
   (c) If a state or local public agency, in the development of its
own project, is required to transfer an interest in real property to
mitigate an adverse impact upon natural resources, the agency may
transfer the interest to a nonprofit organization that meets the
requirements set forth in paragraphs (1) to (3), inclusive, of
subdivision (b). 
   (d) Funds set aside for the long-term management of any lands or
easements conveyed to a nonprofit organization pursuant to
subdivisions (b) and (c) may also be conveyed to the nonprofit
organization. The nonprofit organization may hold, manage, invest,
and disburse the funds in furtherance of managing and stewarding the
land or easement for which the funds were set aside.  
   (d) 
    (e)  The recorded instrument that places title with a
nonprofit organization pursuant to subdivision (b) shall include, at
a minimum, a provision that if the state or local public agency that
authorized the nonprofit organization to hold the title, or its
successor agency, determines that the interest in real property that
is held by the nonprofit organization is not being held, monitored,
or managed for conservation purposes in the manner specified in that
instrument or in the mitigation agreement between the state or local
public agency and the nonprofit organization, the interest in real
property shall revert to the state or that local public agency, or to
another public agency or nonprofit organization qualified pursuant
to subdivision (b), approved by the state or local public agency.

   (e) 
    (f)  A state or local public agency shall exercise due
diligence in reviewing the qualifications of a nonprofit organization
to effectively manage and steward natural land or resources  ,
as well as the accompanying funds  . The state or local public
agency may adopt guidelines to assist the agency in that review
process.