BILL ANALYSIS Ó
AB 2169
Page 1
Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2169 (Chesbro) - As Introduced: February 23, 2012
SUBJECT : Property Acquisition Law: State Public Works Board
SUMMARY : Exempts any land acquisition made pursuant to the
California Forest Legacy Program (FLP) from the Property
Acquisition Law.
EXISTING LAW
1)Establishes the FLP to protect forest lands and aquatic
resources in California by focusing on all of the following
priorities:
a) Encouraging the long-term conservation of productive
forest lands by providing an incentive to owners of private
forest lands to prevent future conversions of forest land
and forest resources.
b) Protection of wildlife habitat, rare plants, and
biodiversity.
c) Maintenance of habitat connectivity and related values
needed to ensure the viability of wildlife populations
across landscapes and regions.
d) Protection of riparian habitats, oak woodlands,
ecological old growth forests, and other key forest types
and seral stages that are poorly represented across
landscapes and regions, and that play a key role in
supporting biodiversity.
e) Protection of water quality, fisheries, and water
supplies.
f) Maintenance and restoration of natural ecosystem
functions.
g) Encouraging improvements to enhance long-term
sustainable forest uses while providing forest areas with
increased protection against other land uses that conflict
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with forest uses.
2)Authorizes the Department of Forestry and Fire Protection
(CalFire) to acquire conservation easements by entering into a
contract with the Wildlife Conservation Board (WCB) to
administer the purchase of conservation easements pursuant to
the FLP. FLP may also include those activities eligible for
funding under the federal Forest Legacy Program, and the state
program shall be coordinated with the federal program to the
maximum amount possible.
3)Requires, pursuant to the Property Acquisition Law, that all
land and other real property to be acquired by or for any
state agency be acquired by the State Public Works Board
(PWB). This law does not apply to the Department of
Transportation, the Department of Water Resources, the State
Reclamation Board, the Department of Fish and Game, the WCB,
the Public Employees' Retirement System, the State Teachers'
Retirement System, the Department of Housing and Community
Development, and certain property acquired by the State Lands
Commission and the State Coastal Conservancy.
THIS BILL exempts any land acquisition made pursuant to the FLP
from the Property Acquisition Law.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. In 2000, SB 1832 (Chesbro) established the FLP,
which was reauthorized in 2007 pursuant to SB 701 (Wiggins).
The purpose of the FLP is to protect environmentally important
forestland threatened with conversion to non-forest uses, such
as subdivision for residential or commercial development.
The program is entirely voluntary. Landowners who wish to
participate may sell or transfer particular rights, such as
the right to develop the property or to allow public access,
while retaining ownership of the property and the right to use
it in any way consistent with the terms of the easement. The
agency or organization holding the easement is responsible for
managing the rights it acquires and for monitoring compliance
by the landowner. Forest management activities, including
timber harvesting, hunting, fishing and hiking are encouraged
provided they are consistent with the program's purpose.
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2)Purpose of the Bill. The FLP authorizes the WCB to administer
the purchase of conservation easements on behalf of CalFire.
Up until 2011, the FLP was executed without requiring the
PWB's review. However, last year, a question arose as to
whether the Property Acquisition Law should apply to FLP. The
Property Acquisition Law requires the PWB to acquire property
for a state agency unless the agency is expressly exempted
from the law--WCB is exempted, but CalFire is not. Since
CalFire is the agency that actually receives the conservation
easements under the FLP, the PWB started to review FLP
transaction after the WCB's review. This duplicative process
was not the intent of the FLP. Moreover, the PWB process adds
more costs and time to the FLP process. A recent conservation
easement cost an extra $18,000 because of the PWB's
involvement.
This bill will exempt any land acquisition made pursuant to
the FLP from the Property Acquisition Law. This will bring
the FLP in line with the original intent of the enabling
statute and avoid unnecessary costs and time delays.
AB 2169
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092