BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |SB 422 |Hearing | 4/22/15 |
| | |Date: | |
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|Author: |Monning |Tax Levy: |No |
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|Version: |4/14/15 |Fiscal: |No |
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|Consultant|Weinberger |
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SANTA CLARA COUNTY OPEN-SPACE AUTHORITY
Changes the Santa Clara County Open Space Authority's name and
authorizes the Authority to acquire interest in real property
located outside of its boundaries.
Background and Existing Law
The Santa Clara County Open Space Authority Act (SB 2027, Mello,
1992) created the Santa Clara County Open Space Authority (the
Authority) in 1993 to acquire, preserve, and maintain open space
lands. The Authority's boundaries encompass 1,067 square miles
within Santa Clara County, excluding lands and communities
within the boundaries of Midpeninsula Regional Open Space
District and the city of Gilroy. The Authority is an
independent special district governed by a board of directors
with seven members who are elected by district to serve
four-year terms.
State law allows the Authority to acquire any property inside
its boundaries by any means, including eminent domain. The
Authority must assign priority to acquiring open space lands
which are "closest, most accessible, and visible to the urban
area." The Authority's enabling act prohibits the Authority
from using its eminent domain powers to take property on active
ranches, producing farmland, or timber production zones unless
development threatens the property. Further, the Authority
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cannot use its eminent domain powers unless the land taken is
contiguous to publicly owned open space.
Because natural features like watersheds do not conform to
political boundaries, state law allows some special districts
that are engaged in open-space preservation to acquire property
interests both within and outside of those districts'
boundaries. For example, the enabling act governing regional
park districts, regional parks and open-space districts, and
regional open-space districts allows those districts to acquire
real and personal property "within or without the district."
State law prohibits a local agency from acquiring land inside a
county or city until local planners review the acquisition's
conformity with the general plan. However, if the county or
city disapproves the land acquisition, the local agency
acquiring the land can still override the local general plan (SB
716, Farr, 1965).
Authority officials want legislators to grant the Authority the
same power that state law grants to other open space districts
to acquire interests in real property outside of the Authority's
boundaries. To avoid confusion over whether the Authority is a
component of Santa Clara County's government, officials also
want to change the Authority's name.
Proposed Law
Senate Bill 422 expands the Authority's powers to acquire, hold,
use, enjoy, and lease or dispose of real and personal property,
and rights in real and personal property, to include real and
personal property without the Authority's jurisdiction.
SB 422 expands current statutory prohibitions on the Authority's
use of eminent domain to also prohibit the Authority from using
eminent domain to take property without the Authority's
jurisdiction.
The bill changes the Authority's name in its enabling act from
the "Santa Clara County Open Space Authority" to the "Santa
Clara Valley Open Space Authority."
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State Revenue Impact
No estimate.
Comment
Purpose of the bill . A long-range planning document adopted by
the Santa Clara County Open Space Authority last year identifies
multi-county open space landscapes that are critically important
conservation targets. For example, in the Soap Lake Floodplain,
which lies along the Pajaro River within both San Benito and
Santa Clara Counties, watershed-wide land preservation efforts
can help the Authority achieve multiple conservation goals.
Last November, the Authority received approval from more than
2/3 of its voters to impose a parcel tax to fund the Authority's
open space preservation priorities. SB 422 lets the Authority
acquire property outside of its boundaries, just like state law
does for other types of open space districts, while also
prohibiting the use of eminent domain on any property outside of
the Authority's territory. Authority officials note that the
use of the word "County" in the authority's official name causes
some people to assume that the Authority is associated with
Santa Clara County Parks and Recreation Department or some other
agency within the county's government structure. To eliminate
confusion about the Authority's status as an independent special
district, SB 422 changes the Santa Clara County Open Space
Authority's name in state law by replacing the word "County"
with the word "Valley."
Support and
Opposition (4/17/15)
Support : Guadalupe-Coyote Resource Conservation District; Napa
County Regional Park and Open Space District; Peninsula Open
Space Trust; Santa Clara County Open Space Authority; County of
San Mateo Parks Department; Marin County Parks; Nature
Conservancy, Land Trust of Santa Cruz County, Marin County,
Opposition : Unknown.
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