SB 422 Senate Bill - INTRODUCED

BILL NUMBER: SB 422	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning

                        FEBRUARY 25, 2015

   An act to amend Sections 35100, 35103, 35120, and 35152 of, and to
amend the heading of Division 26 (commencing with Section 35100) of,
the Public Resources Code, relating to the Santa Clara Valley
Open-Space District.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 422, as introduced, Monning. Santa Clara Valley Open-Space
District.
   Existing law creates the Santa Clara County Open-Space Authority,
and prescribes the jurisdiction and functions and duties of the
authority. Existing law authorizes the authority, among other things,
to acquire, hold, and dispose of real and personal property, within
the authority's jurisdiction, necessary to the full exercise of its
powers.
   This bill would change the name of the authority to the Santa
Clara Valley Open-Space District, and would authorize the district to
acquire interests in real property that are either within the
district's jurisdiction, part of a single property that is both
within and adjacent to the district's jurisdiction, or within a
watershed that includes lands within the district's jurisdiction
where protection of those watershed lands outside of the district's
jurisdiction is necessary to protect conservation values within the
district's jurisdiction. The bill would also make related conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The heading of Division 26 (commencing with Section
35100) of the Public Resources Code is amended to read:

      DIVISION 26.  SANTA CLARA  COUNTY   Valley
 OPEN-SPACE  AUTHORITY   DISTRICT 


  SEC. 2.  Section 35100 of the Public Resources Code is amended to
read:
   35100.  This division shall be  known  
known,  and may be  cited   cited,  as
the Santa Clara  County   Valley 
Open-Space  Authority   District  Act.
  SEC. 3.  Section 35103 of the Public Resources Code is amended to
read:
   35103.  "Authority"  or "district"  means the Santa Clara
 County   Valley  Open-Space 
Authority  District  created pursuant to this
division in the County of Santa Clara.  All references in this
division and elsewhere in law to the Santa Clara County Open-Space
  Authority shall mean and refer to the Santa Clara Valley
Open-Space District. 
  SEC. 4.  Section 35120 of the Public Resources Code is amended to
read:
   35120.  The Santa Clara  County   Valley
 Open-Space  Authority   District  is
hereby  created on February 1, 1993.   created.
 The maximum jurisdiction of the  authority 
 district  shall include all areas within the county, except
those areas of the county presently within the boundaries, including
the sphere of influence, of the  midpeninsula  
Midpeninsula  Regional Open-Space District. Each city situated
within the maximum jurisdictional boundaries shall pass a resolution
stating its intent to be included within the  authority's
  district's  jurisdiction by January 15, 1993.
These resolutions shall be transmitted to the board of supervisors.
Any city  which   that  fails to pass that
resolution or  which   that  formally
states its intent to not participate shall be excluded from the
 authority's   district's  jurisdiction.
The creation of the  authority   district 
is not subject to review by the Santa Clara County Local Agency
Formation Commission.
  SEC. 5.  Section 35152 of the Public Resources Code is amended to
read:
   35152.  The  authority   district  may
take by grant, appropriation, purchase, gift, devise, condemnation,
or lease, and may hold, use, enjoy, and lease or dispose of real and
personal property of every kind, and rights in real and personal
property,  within the authority's jurisdiction, 
necessary to the full exercise of its powers.  Real property
interests acquired by th   e district shall be either within
the district's jurisdiction, part of a single property that is both
  within and adjacent to the district's jurisdiction, or
within a watershed that includes lands within the district's
jurisdiction where protection of those watershed lands outside the
district's jurisdiction is necessary to protect conservation values
within the district's jurisdiction.  The  authority
  district  may accept and hold open-space
easements and purchase development credits  wherever the district
may acquire real property  .
   Priority for open-space acquisition should be focused on those
lands closest, most accessible, and visible to the urban area. The
remote ranchlands east of the westernmost ridgeline of the Diablo
Range shall be acquired as permanent open space only through
conservation easement purchases or the granting of lands or
conservation easements by owners to the  authority
 district  .
   Lands subject to the grant of an open space easement executed and
accepted by the  authority   district  in
accordance with this division are enforceably restricted within the
meaning of Section 8 of Article XIII of the California Constitution.
An easement or other interest in real property may be dedicated for
open-space purposes by the adoption of a resolution by the governing
board, and any interest so dedicated may be conveyed only as provided
in this section.
   The  authority   district  may not
validly convey any interest in any real property actually dedicated
and used for open-space purposes without the consent of a majority of
the voters of the  authority   district 
voting at a special election called by the governing board and held
for that purpose. Consent need not first be obtained for a lease of
any real property for a period not exceeding 25 years if that real
property remains in open-space or agricultural use for the entire
duration of the lease.