BILL ANALYSIS Ó
SB 422
Page 1
SENATE THIRD READING
SB
422 (Monning)
As Amended June 18, 2015
Majority vote
SENATE VOTE: 34-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |9-0 |Maienschein, | |
|Government | |Gonzalez, Alejo, | |
| | |Chiu, Cooley, Gordon, | |
| | |Holden, Linder, | |
| | |Waldron | |
| | | | |
| | | | |
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SUMMARY: Makes changes to the Santa Clara County Open-Space
Authority (Authority) Act (Act) and authorizes the Authority to
acquire real and personal property outside its boundaries.
Specifically, this bill:
1)Authorizes the Authority to hold, use, enjoy, and lease or
SB 422
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dispose of real and personal property and rights in real and
personal property without the Authority's jurisdiction.
2)Prohibits the Authority from exercising the right of eminent
domain to take property without the Authority's jurisdiction.
3)Authorizes the boundaries of the Authority to be altered by
the annexation of contiguous territory in the unincorporated
area of a neighboring county, pursuant to the annexation
process established in the Cortese-Knox-Hertzberg Act.
Requires, before any territory in a county is annexed to the
Authority, the county board of supervisors to pass a
resolution stating its intent to be included within the
Authority's jurisdiction.
4)Renames the Authority from the Authority to the Santa Clara
Valley Open-Space Authority.
5)Makes other technical and conforming changes.
EXISTING LAW:
1)Establishes the Act, and defines the formation, powers, board,
and funding for the Authority.
2)Allows the Authority to 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 exercise its
powers.
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3)Allows the Authority to accept and hold open-space easements
and purchase development credits.
4)Allows the Authority to exercise the right of eminent domain
to take property necessary or convenient to accomplish the
purposes of the Act, but prohibits the Authority from using
eminent domain to take lands in active ranching, agricultural
production, or in timberland protection zones that are not
threatened by imminent conversion to developed uses.
5)Prohibits the Authority from using eminent domain, unless the
real property is contiguous to property which is already owned
by a public agency for open-space use.
FISCAL EFFECT: None
COMMENTS:
1)The Authority. SB 2027 (Mello), Chapter 822, Statutes of
1992, established the Act. The Act creates the Authority to
preserve open space and create greenbelts in order to counter
the conversion of lands into urban uses. The Act requires the
Authority to prioritize acquiring land closest and most
accessible and visible to the urban area. According to Santa
Clara County Local Agency Formation Commission's (Santa Clara
LAFCO) municipal service review adopted in 2013, the Authority
owns 12,792 acres of land and has assisted in preserving an
additional 3,103 acres of conservation easements and
mitigation lands, including open space, parklands, wildlife
areas, recreation areas, and watershed areas.
The formation of the Authority was not subject to review by
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Santa Clara LAFCO. The Act established the boundaries of the
Authority to include all of Santa Clara County, except the
land within the boundaries of the Midpeninsula Regional Open
Space District's sphere of influence, and the City of Gilroy
which did not pass a resolution to be included in the
Authority. The Authority's boundary encompasses 1,067 square
miles and includes the Cities of Milpitas, Santa Clara,
Campbell, San Jose and Morgan Hill.
The majority of the Authority's funding is derived from
benefit assessments. As an additional revenue stream, the
Authority also placed Measure Q, a parcel tax measure, on the
ballot in 2014, which was passed by the voters. Additionally,
the Authority has identified potential grant moneys as the
funding that would allow them to acquire land outside its
boundaries, should the Legislature grant them that power. An
area of interest for the Authority is the Pajaro Watershed,
located primarily in San Benito County, as well as extended
into Santa Cruz and Monterey Counties. The Watershed is part
of the larger Soap Lake Floodplain project, an area outside
its boundaries, where the Authority can continue to be
involved in protecting the agricultural lands and natural
habitats in the larger regional area. Because these watershed
boundaries are geographic and do not follow political or
jurisdiction boundaries, the Authority has continued to
highlight the importance of regional collaboration in an
effort to protect open space, wildlife habitat, and to
safeguard natural water resources.
2)Bill Summary. Current law allows the Authority to acquire
land inside its boundaries. This bill expands the powers of
the Authority to acquire, hold, use, enjoy, and lease or
dispose of real and personal property, and rights in real and
personal property outside its boundaries. Additionally, this
bill prohibits the Authority from using eminent domain to take
property outside the Authority's boundaries, and changes the
name of the Authority to the Santa Clara Valley Open-Space
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Authority.
Under the existing enabling act governing regional park
districts, regional parks and open-space districts, and
regional open-space districts may acquire real and personal
property "within or without the district" and may annex
contiguous territory through the LAFCO process. For example,
if an open-space district purchases territory outside its
boundaries, they are able to later submit an application to
LAFCO to annex that contiguous territory into their district.
This bill would also allow the Authority's to alter its
boundaries by the LAFCO annexation process established in the
Cortese-Knox-Hertzberg Act. Specifically, this bill would
allow the Authority to annex contiguous territory into its
boundaries, if the board of supervisors in a neighboring
county has passed a resolution to allow for potential
inclusion into the Authority.
This bill is sponsored by the Authority.
3)Author's Statement. According to the author, "By allowing the
Authority to update its name and acquire and manage lands
outside its district, efforts to conserve the region's natural
environment, support agriculture and connect people with
nature move forward."
4)Arguments in Support. Supporters argue that this bill will
conform the Authority's power to those of other open-space
districts, and enable the Authority to further its mission to
protect the region's wildlife habitat and water supplies, and
provide greater benefits to the residents of Santa Clara
County. Additionally, this bill would change the name of the
Authority, as the term "County" in the current name has led
potential partners and members of the public to believe the
Authority is a part of Santa Clara County government. As a
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result of this misinterpretation, the Authority wants to
clarify its name to better reflect it as a standalone special
district operating in the Santa Clara Valley.
5)Arguments in Opposition. None on file.
Analysis Prepared by:
Misa Lennox / L. GOV. / (916) 319-3958 FN:
0001004