BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 734| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 734 Author: De León (D) Amended: 6/2/15 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 4/28/15 AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NO VOTE RECORDED: Vidak SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: State lands acquisitions: public transparency SOURCE: Author DIGEST: This bill requires the Natural Resources Agency (agency) to allow at least 30 days for public comment regarding proposed state land acquisitions, including easements. ANALYSIS: Existing law: 1)Provides that the 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 SB 734 Page 2 others, can purchase land or conservation easements on behalf of the state. 2)Requires that the agency to collect and disseminate information about prospective land and easement acquisition activities by the state, subject to funds being provided for these purposes by the Legislature. (Government Code (GOV) §12805.2). This includes that: a) The agency develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency, b) All departments, boards, commissions and conservancies within the agency provide information annually to the agency's secretary on land acquisitions and funding, and, as specified, on prospective acquisitions, c) The agency review and evaluate, as specified, any information available from federal agencies pertaining to federal land acquisitions, d) A 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, and e) Certain reporting requirements are met. This bill requires the agency to allow at least 30 days for public comment regarding proposed state land acquisitions, including easements. This bill also contains technical and clarifying changes to statute. Comments There does not appear to be a single readily-available source of information of all prospective acquisitions by the agency and SB 734 Page 3 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 Web site (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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, this bill cost pressures of $150,000 and ongoing cost of $50,000 annually to SB 734 Page 4 the General Fund to the Natural Resources Agency to create, then manage the registry of state land acquisitions. SUPPORT: (Verified6/1/15) None received OPPOSITION: (Verified6/1/15) None received ARGUMENTS IN SUPPORT: According to the author, 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. Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116 6/2/15 22:30:06 **** END ****