BILL NUMBER: SB 1169	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 13, 2012
	AMENDED IN ASSEMBLY  AUGUST 9, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Kehoe
   (Coauthors: Assembly Members Atkins and Fletcher)

                        FEBRUARY 22, 2012

   An act to amend Section 2831 of the Fish and Game Code, and to
amend Section 1 of Chapter 644 of the Statutes of 2007, relating to
wildlife resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1169, Kehoe. Natural community conservation planning.
   The Natural Community Conservation Planning Act authorizes the
Department of Fish and Game to enter into agreements with any person
or public entity for the purpose of preparing a natural community
conservation plan to provide comprehensive management and
conservation of multiple wildlife species. The act requires a plan to
identify and provide for those measures necessary to conserve and
manage natural biological diversity within the plan area while
allowing compatible and appropriate economic development, growth, and
other human uses. The act requires each natural community
conservation plan to include an implementation agreement governing
specified matters.
   Existing law exempts from specified provisions of the act any
natural community conservation plan or subarea plan initiated on or
before January 1, 2000, or amendment thereto, by Sweetwater
Authority, Helix Water District, Padre Dam Municipal Water District,
Santa Fe Irrigation District, or the San Diego County Water
Authority, which the department determines is consistent with the
approved San Diego Multiple Habitat Conservation Program or the San
Diego Multiple Species Conservation Program, if the department finds
that the plan has been developed and is otherwise in conformance with
the act. Existing law deems certain lands designated as open-space
lands as of January 1, 2008, to be dedicated land under the City
Charter of San Diego.
   This bill would deem those lands designated as open-space lands as
of January 1, 2013, to be dedicated land under the city charter.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1 of Chapter 644 of the Statutes of 2007 is
amended to read:
  Section 1.  The Legislature finds and declares all of the
following:
   (a) The basis for the lands currently designated as open space by
the City of San Diego is a Multiple Species Conservation Program
(MSCP) for the City of San Diego.
   (b) In 1997, the City of San Diego signed a 50-year agreement with
the Department of Fish and Game and the United States Fish and
Wildlife Service to conserve approximately 55,000 acres of open space
within the City of San Diego under the MSCP. Included in the MSCP
are designated and dedicated open-space parcels. The City of San
Diego has identified in excess of 15,000 acres of city-owned parcels
that were intended to be dedicated open space under the city charter,
but have not been converted from designated to dedicated open space.
Dedicated open space cannot be sold or exchanged without a
two-thirds vote of the people. In 2007, the Mayor of the City of San
Diego and, by a unanimous vote, the city council, passed a resolution
to support this effort to convert those parcels from designated to
dedicated open space. Approximately 6,600 acres were converted to
dedicated open space with the filing of documents with the Office of
the County of San Diego Assessor/Recorder/County Clerk prior to
January 1, 2008. Approximately 10,000 acres remain on a list
established by the City of San Diego in 2006 of places eligible to be
converted to dedicated open-space lands. The San Diego City Council
voted on January 23, 2012, to support the effort to convert
additional city-owned open-space parcels from designated to dedicated
open space.
   (c) Therefore, in keeping with the desire of the City of San Diego
to ensure that the lands currently designated as open space cannot
be sold or exchanged without a vote of the people, and consistent
with the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code), these lands should become dedicated land under state law and
the City Charter of the City of San Diego.
  SEC. 2.  Section 2831 of the Fish and Game Code is amended to read:

   2831.  (a) Notwithstanding any other provision of law, lands
designated as of January 1, 2013, as open-space lands in a document
entitled "Declaration of the Dedication of Land" approved by a
resolution of the San Diego City Council in the same manner in which
the city council processes approval of dedicated open space,
reserving to the city council the authority to grant easements for
utility purposes in, under, and across dedicated property, if those
easements and facilities to be located thereon do not significantly
interfere with the park and recreational use of the property, and
filed with the Office of the City Clerk for the City of San Diego,
and, if required, at the Office of the County of San Diego
Assessor/Recorder/County Clerk, are dedicated land under the City
Charter of the City of San Diego.
   (b) Upon filing of that document in accordance with subdivision
(a), the Office of the City Clerk for the City of San Diego, and, if
applicable, the Office of the County of San Diego
Assessor/Recorder/County Clerk shall make the document available for
inspection by the public upon request.