BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 734|
|Office of Senate Floor Analyses | |
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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
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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
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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
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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
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