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
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|Author: |De León | | |
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|Version: |February 27, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Katharine Moore |
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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
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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
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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
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None Received
OPPOSITION
None Received
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