BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 422|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  SB 422
          Author:   Monning (D), et al.
          Amended:  4/14/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/22/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SUBJECT:   Santa Clara Valley Open-Space Authority


          SOURCE:    Author


          DIGEST:  This bill changes the name of the Santa Clara County  
          Open Space Authority (Authority) and authorizes the Authority to  
          acquire interest in real property located outside of its  
          boundaries.


          ANALYSIS:   


          Existing law:


          1)Establishes the Authority to acquire, preserve, and maintain  
            open space lands (SB 2027, Mello, 1992).


          2)Allows the Authority to acquire any property inside its  
            boundaries by any means, including eminent domain.  










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          3)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.  


          4)Prohibits the Authority from using its eminent domain powers  
            unless the land taken is contiguous to publicly owned open  
            space.


          5)Allows regional park districts, regional parks and open-space  
            districts, and regional open-space districts to acquire real  
            and personal property "within or without the district."  


          6)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).


          This bill:


          1)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.


          2)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.


          3)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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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/22/15)


          County of San Mateo Parks Department 
          Guadalupe-Coyote Resource Conservation District
          Land Trust of Santa Cruz County
          Marin County Parks
          Napa County Regional Park and Open Space District
          Nature Conservancy
          Peninsula Open Space Trust
          Santa Clara County Open Space Authority


          OPPOSITION:   (Verified4/22/15)


          None received









            
          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          4/24/15 15:45:07


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