BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 422 |Hearing | 4/22/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Monning |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |4/14/15 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Weinberger | |: | | ----------------------------------------------------------------- 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 SB 422 (Monning) 4/14/15 Page 2 of ? 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." SB 422 (Monning) 4/14/15 Page 3 of ? 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. SB 422 (Monning) 4/14/15 Page 4 of ? -- END --