Senate BillNo. 734


Introduced by Senator De León

February 27, 2015


An act to amend Section 12805.2 of the Government Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

SB 734, as introduced, De León. State lands acquisitions: public transparency.

Existing law requires the Natural Resources Agency to develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency. Existing law, in conjunction with the database, requires the agency to do certain things, including to establish a uniform open process to ensure that information is readily available to the general public, local, state, and federal agencies, adjacent landowners, and other interested parties regarding any state hearings to approve proposed state land acquisitions.

This bill would require the agency to also implement the above uniform open process, to include, but not be limited to, at least 30 days for public comment, to provide public transparency.

Existing law requires that the above provisions be implemented only during those fiscal years for which funding is provided for these purposes in the annual Budget Act or in other measures.

This bill would delete this requirement.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 12805.2 of the Government Code is
2amended to read:

3

12805.2.  

(a) Thebegin insert Naturalend insert Resources Agency, in consultation
4with each department, board, conservancy, and commission within
5the agency, shall develop and maintain a database of lands and
6easements that have been acquired by the departmentsbegin delete and boardsend deletebegin insert,
7boards, commissions, and conservanciesend insert
within thebegin insert Naturalend insert
8 Resources Agency. The database shall include, but need not be
9limited to, all of the following:

10(1) The name of the owner of the land or easement.

11(2) The location of the land or easement.

12(3) The statutory authority for the acquisition of the land or
13easement.

14(b) In conjunction with the database described in subdivision
15(a), thebegin insert Naturalend insert Resources Agency shall do all of the following:

16(1) On or before September 1, 2002, and each year thereafter,
17request that all departments, boards, commissions, and
18conservancies within thebegin insert Naturalend insert Resources Agency provide the
19 Secretary of thebegin insert Naturalend insert Resources Agency with information on
20any acquisitions of land or funding that was directed to the
21acquisition of land, undertaken by the department, board,
22commission, or conservancy.

23(2) To the extent that the information is available, on or before
24January 10, 2003, and each year thereafter, require that all
25departments, boards, commissions, and conservancies within the
26begin insert Naturalend insert Resources Agency provide the Secretary of thebegin insert Naturalend insert
27 Resources Agency with general information, including a general
28geographic description of land acquisition priorities and potential
29funding sources during the next fiscal year.

30(3) To the extent feasible, review and evaluate any available
31information from federal agencies pertaining to its land acquisition
32activities to coordinate and better understand the impact on
33California state proposals.

34(4) Provide a report to the Governor and the Legislature on or
35before December 31, 2003, and each year thereafter, that does both
36of the following:

37(A) Describes the amount of land acquired by each department,
38board, commission, and conservancy within thebegin insert Naturalend insert Resources
P3    1Agency during the past year and the amount of money spent for
2the acquisition.

3(B) Projects the approximate amount of land that will be
4acquired by thebegin insert Naturalend insert Resources Agency during the following
5year.

6(5) Provide the report described in paragraph (4) to the Secretary
7of Food and Agriculture and the Director of Conservation.

8(6) Establishbegin insert and implementend insert a uniform open processbegin insert, that shall
9include, but is not limited to, at least 30 days for public comment,end insert

10 tobegin insert provide public transparency andend insert ensure that information is
11readily available to the general public, local, state, and federal
12agencies, adjacent landowners, and other interested parties of
13record regarding any state hearings to approve proposed state land
14acquisitions.

15(7) Develop strategies with local, state, and federal agencies so
16that a revenue stream is established to ensure management plans
17are adequately funded for all new acquisitions.

begin delete

18(c) This section shall be implemented only during those fiscal
19years for which funding is provided for the purposes of this section
20in the annual Budget Act or in another measure.

end delete


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