BILL NUMBER: AB 2169 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2012
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 23, 2012
An act to amend Section 15853 of the Government Code, and to
amend Section 12240 of the Public Resources Code,
relating to state property.
LEGISLATIVE COUNSEL'S DIGEST
AB 2169, as amended, Chesbro. Property Acquisition Law:
State Public Works Board. conservation easements
.
The California Forest Legacy Program Act of 2007 establishes the
California a Forest Legacy Program to conserve
private forests lands and authorizes the Department of Forestry and
Fire Protection to acquire conservation easements , of
eligible properties according to criteria contained in the
act , by entering into a contract with the Wildlife
Conservation Board to administer the purchase of conservation
easements . The existing Property Acquisition Law requires that
all real property and interests in real property to be acquired by
or for any state agency, with specified exceptions that do not
include the department, be acquired by the State Public Works Board.
This bill would authorize the Wildlife Conservation Board to
acquire conservation easements on behalf of the department, as
prescribed. This bill would exclude from the above
requirement any land the acquisition
of conservation easements made pursuant to the California
Forest Legacy Program Act of 2007.
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 15853 of the Government Code is amended to
read:
15853. (a) The board may select and acquire, in the name of and
on behalf of the state, with the consent of the state agency
concerned, the fee or any lesser right or interest in any real
property necessary for any state purpose or function.
(b) If moneys are appropriated by the Budget Act for any fiscal
year or by any other act for the acquisition of land or other real
property, either (1) subject to this part or (2) for any state agency
for whom property is acquired by the board, the moneys and
acquisitions are subject to this part and the moneys shall be
expended in accordance with this part, notwithstanding any other law.
(c) Notwithstanding any other law, all land and other real
property to be acquired by or for any state agency, other than the
Department of Transportation, the Department of Water Resources, the
State Reclamation Board, the Department of Fish and Game, the
Wildlife Conservation Board, the Public Employees' Retirement System,
the State Teachers' Retirement System, the Department of Housing and
Community Development, the State Lands Commission, except for
property to be acquired for the State Lands Commission pursuant to an
appropriation from the General Fund, and the State Coastal
Conservancy with respect to acceptance of offers to dedicate public
accessways made pursuant to Division 20 (commencing with Section
30000) of the Public Resources Code, shall be acquired by the State
Public Works Board in accordance with this part.
(d) (1) Notwithstanding subdivision (a), the board shall acquire,
on behalf of and for the Department of Parks and Recreation, in
accordance with this part, any interests in real property, including
options to purchase, which have been appraised, selected, and settled
through purchase negotiations by the Department of Parks and
Recreation pursuant to subdivision (b) of Section 5006 of the Public
Resources Code. Out of moneys appropriated for the acquisition of
options to purchase, no more than ten thousand dollars ($10,000) may
be expended for the acquisition of any single option unless otherwise
provided by the Legislature.
(2) Notwithstanding Section 15854, purchase negotiations for
interests in real property for the state park system pursuant to
subdivision (d) of Section 5006 of the Public Resources Code shall be
initiated within six months of the effective date of the act that
appropriates funds for the acquisition. Purchase negotiations on all
projects not proposed pursuant to subdivision (d) of Section 5006 of
the Public Resources Code shall be initiated within 12 months of the
effective date of the act appropriating funds for the acquisition.
Either title shall be conveyed or a written agreement to transfer
title shall be executed within the appropriate authorization period
unless the Department of Parks and Recreation formally abandons the
acquisition prior to the conclusion of the appropriate authorization
period. For the purposes of this section, in order for the Department
of Parks and Recreation to "formally abandon" an acquisition, it
shall transmit written notification to the board of its intent not to
proceed with the acquisition.
(3) The board, at any time during the periods specified in
paragraph (2), may commence condemnation proceedings if it finds it
to be appropriate. However, if, during the appropriate authorization
period, title is not conveyed or a written agreement to transfer
title is not signed, the acquisition has not been formally abandoned,
or condemnation proceedings have not been commenced, the Department
of Parks and Recreation shall notify, by letter, the chair of the
committee in each house of the Legislature that considers
appropriations, the Chair of the Joint Legislative Budget Committee,
and the Members of the Legislature within whose district any part of
the land or other real property is located of the status of the
acquisition. For the purpose of this paragraph, condemnation
proceedings shall be deemed to be commenced as of the date the board
authorizes acquisition by condemnation.
(4) The board may schedule special meetings as are necessary to
expedite the acquisition of options to purchase real property for the
state park system.
(e) The board may acquire furnishings that the owner thereof
agrees to sell and that are contained within improvements acquired by
the board. Cost of acquisition of furnishings shall be charged to
the appropriation available for acquisition of the real property.
(f) This section shall not apply to any land
the acquisition of conservation easements made
pursuant to the California Forest Legacy Program Act of 2007
(Division 10.5 (commencing with Section 12200) of the Public
Resources Code).
SEC. 2. Section 12240 of the Public
Resources Code is amended to read:
12240. The California Forest Legacy Program is hereby
established. The Wildlife Conservation Board may acquire
conservation easements on behalf of the department may
acquire conservation easements by entering into a contract with the
Wildlife Conservation Board to administer the purchase of
conservation easements , pursuant to this division
. The California Forest Legacy Program may also include those
activities eligible for funding under the federal Forest Legacy
Program (16 U.S.C. Sec. 2103c), and the state program shall be
coordinated with the federal program to the maximum amount possible.