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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