begin deleteDe Leónend delete . begin deleteState lands acquisitions: public transparency. end delete
Existing law requires the Natural Resources Agency, in fiscal years for which funding is provided, 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.end delete
This bill would require the agency to implement the above uniform open process to include, but not be limited to, at least 30 days for public comment, to provide public transparency.end delete
begin deletemajority end delete.
Fiscal committee: yes.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
This chapter does not apply to a project if the Governor
4does not certify
begin delete aend delete project as an environmental leadership
5development project eligible for streamlining
begin delete providedend delete pursuant
6to this chapter prior to January 1,
begin delete 2016.end delete
The Governor may certify a leadership project for
10streamlining pursuant to this chapter if all the following conditions
12(a) The project will result in a minimum investment of one
13hundred million dollars ($100,000,000) in California upon
14completion of construction.
15(b) The project creates high-wage, highly skilled jobs that
16pay prevailing wages and living wages and provide construction
17jobs and permanent jobs for Californians, and helps reduce
18unemployment. For purposes of this subdivision, “jobs that pay
19prevailing wages” means that all construction workers employed
20in the execution of the project will receive at least the general
21prevailing rate of per diem wages for the type of work and
22geographic area, as determined by the Director of Industrial
23Relations pursuant to Sections 1773 and 1773.9 of the Labor Code.
24If the project is certified for streamlining, the project applicant
25shall include this requirement in all contracts for the performance
26of the work.
15(c) The project does not result in any net additional emission
16of greenhouse gases, including greenhouse gas emissions from
17employee transportation, as determined by the State Air Resources
18Board pursuant to Division 25.5 (commencing with Section 38500)
19of the Health and Safety Code.
20(d) The project applicant has entered into a binding and
21enforceable agreement that all mitigation measures required
22pursuant to this division to certify the project under this chapter
23shall be conditions of approval of the project, and those conditions
24will be fully enforceable by the lead agency or another agency
25designated by the lead agency. In the case of environmental
26mitigation measures, the applicant agrees, as an ongoing obligation,
27that those measures will be monitored and enforced by the lead
28agency for the life of the obligation.
29(e) The project applicant agrees to pay the costs of the Court of
30Appeal in hearing and deciding any case, including payment of
31the costs for the appointment of a special master if deemed
32appropriate by the court, in a form and manner specified by the
33Judicial Council, as provided in the Rules of Court adopted by the
34Judicial Council pursuant to
begin delete subdivision (f) ofend delete Section 21185.
35(f) The project applicant agrees to pay the costs of preparing
36the administrative record for the project concurrent with review
37and consideration of the project pursuant to this division, in a form
38and manner specified by the lead agency for the project.
If, prior to January 1,
begin delete 2017,end delete a lead agency fails
2to approve a project certified by the Governor pursuant to this
3chapter, then the certification expires and is no longer valid.
This chapter shall remain in effect until January 1,
begin delete 2017,end delete and as of that date is repealed unless a later enacted
8statute extends or repeals that date.
Section 12805.2 of the Government Code is
24amended to read:
(a) The Natural Resources Agency, in consultation
26with each department, board, conservancy, and commission within
27the agency, shall develop and maintain a database of lands and
28easements that have been acquired by the departments, boards,
29commissions, and conservancies within the Natural Resources
30Agency. The database shall include, but need not be limited to, all
31of the following:
32(1) The name of the owner of the land or easement.
33(2) The location of the land or easement.
34(3) The statutory authority for the acquisition of the land or
36(b) In conjunction with the database described in subdivision
37(a), the Natural Resources Agency shall do all of the following:
38(1) On or before September 1, 2002, and each year thereafter,
39request that all departments, boards, commissions, and
40conservancies within the Natural Resources Agency provide the
P6 1 Secretary of the Natural Resources Agency with information on
2any acquisitions of land or funding that was directed to the
3acquisition of land, undertaken by the department, board,
4commission, or conservancy.
5(2) To the extent that the information is available, on or before
6January 10, 2003, and each year thereafter, require that all
7departments, boards, commissions, and conservancies within the
8Natural Resources Agency provide the Secretary of the Natural
9Resources Agency with general information, including a general
10geographic description of land acquisition priorities and potential
11funding sources during the next fiscal year.
12(3) To the extent feasible, review and evaluate any available
13information from federal agencies pertaining to its land acquisition
14activities to coordinate and better understand the impact on
15California state proposals.
16(4) Provide a report to the Governor and the Legislature on or
17before December 31, 2003, and each year thereafter, that does both
18of the following:
19(A) Describes the amount of land acquired by each department,
20board, commission, and conservancy within the Natural Resources
21Agency during the past year and the amount of money spent for
23(B) Projects the approximate amount of land that will be
24acquired by the Natural Resources Agency during the following
26(5) Provide the report described in paragraph (4) to the Secretary
27of Food and Agriculture and the Director of Conservation.
28(6) Establish and implement a uniform open process, that shall
29include, but is not limited to, at least 30 days for public comment,
30to provide public transparency and ensure that information is
31readily available to the general public, local, state, and federal
32agencies, adjacent landowners, and other interested parties of
33record regarding any state hearings to approve proposed state land
35(7) Develop strategies with local, state, and federal agencies so
36that a revenue stream is established to ensure management plans
37are adequately funded for all new acquisitions.
P7 1(c) This section shall be implemented only during those
2years for which funding is provided for the purposes of this section
3in the annual Budget Act or in another measure.