BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: SB 734 Hearing Date: April 28, 2015 ----------------------------------------------------------------- |Author: |De León | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 27, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Katharine Moore | | | | ----------------------------------------------------------------- Subject: State lands acquisitions: public transparency BACKGROUND AND EXISTING LAW According to its website, the California Natural Resources Agency (agency) contains ten conservancies, three councils, six departments, five boards, twelve commissions, and museums and other related entities, among others. Some of these entities, such as the Wildlife Conservation Board, the Department of Parks and Recreation, the Department of Conservation, and the California Coastal Conservancy, among others, can purchase land or conservation easements on behalf of the state. In response, in part, to a then-recent audit of land management planning and acquisition in State Parks and the Department of Fish and Wildlife, AB 1414 (Dickerson, c. 8, Statutes of 2002) provided specific direction to the agency to collect and disseminate information about prospective land and easement acquisition activities by the state (Government Code (GOV) §12805.2). As a result, existing law - subject to funds being provided for these purposes by the Legislature - requires, among other provisions, that: the agency develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency. all departments, boards, commissions and conservancies within the agency provide information annually to the agency's SB 734 (De León) Page 2 of ? secretary on land acquisitions and funding, and, as specified, on prospective acquisitions. the agency review and evaluate, as specified, any information available from federal agencies pertaining to federal land acquisitions. the agency meet certain reporting requirements an uniform open process be established to ensure that information is readily available to the general public, local, state, and federal agencies, adjacent landowners and other interested parties of record, regarding any state hearings to approve proposed state land acquisitions. PROPOSED LAW This bill would: increase transparency on land and conservation easement acquisitions by entities within the agency by adding at least 30 days advance notice for public comment, as specified, to the uniform open process established to ensure that information will be readily-available regarding hearings where state land acquisitions will be approved; delete the provision that does not require implementation if funds are not available; and make additional technical and clarifying changes to existing law. ARGUMENTS IN SUPPORT SB 734 seeks to provide a single portal for the public and all interested stakeholders to find out about and comment on land acquisitions by the state. The goal is to increase public transparency. Considerable information on land and conservation easement purchases is available after the fact, particularly if state bond funds are used. It can be difficult for the public and stakeholders, given the number of programs involved, to keep track of all potential acquisitions in advance. It is also important to explicitly require that public comment be allowed. Again, while many acquisition programs and procedures provide the opportunity for public comment already, it is important to ensure that all do and to facilitate the public's ability to comment. ARGUMENTS IN OPPOSITION SB 734 (De León) Page 3 of ? None received COMMENTS There does not appear to be a single readily-available source of information of all prospective acquisitions by the agency and the state entities under its jurisdiction. Information is readily-available on completed land and conservation easement acquisitions. The agency currently maintains a bond accountability database (http://www.bondaccountability.ca.gov/Bonds/) with information on how existing natural resources bond funding, such as Proposition 84, have been allocated. Information on acquisitions through earlier bonds is also available from the agency. There is also a registry of conservation easements available on the agency's website (http://easements.resources.ca.gov/). This registry includes a public search function and, according to the agency, is updated when funding is available to do so. Additionally, maps of state-owned lands are available. For example, a map of the Wildlife Conservation Board's acquisitions is available online (https://map.dfg.ca.gov/bios/?al=ds672). Advance public notice requirements for relevant acquisitions vary among existing programs. Generally speaking, should a land or conservation easement acquisition constitute a project under the California Environmental Quality Act, there are applicable public notice and comment requirements. Additionally, depending upon the program and funding source, the acquirer may have to meet public notice and meeting requirements as well. For example, the Wildlife Conservation Board's standard practice is to provide its preliminary agenda on its website and notify certain stakeholders at least 30 days in advance of a Board hearing where acquisitions may be considered. The final agenda is also released at least 10 days ahead of the Board hearing to satisfy the open meeting requirements of the Bagley-Keene act. There are also extensive notice requirements both before and after acquisition under the Williamson Act in regards to certain agricultural lands. Should the acquisition require any action by local government, for example, a county board of supervisors or planning commission, additional notice provisions would be applicable. Depending upon the program, less than 30 days advance notice may be provided under existing law. SUPPORT SB 734 (De León) Page 4 of ? None Received OPPOSITION None Received -- END --