BILL ANALYSIS Ó
SB 734
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Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB
734 (De León) - As Amended June 2, 2015
SENATE VOTE: 37-0
SUBJECT: State lands acquisitions: public transparency
SUMMARY: Requires the Natural Resources Agency (NRA) to allow
at least 30 days for public comment regarding proposed state
land acquisitions, including easements.
EXISTING LAW:
1)Establishes NRA and various entities within NRA, including the
Wildlife Conservation Board (WCB), the Department of Parks and
Recreation, the Department of Conservation, and the California
Coastal Conservancy, which, among others, can purchase land or
conservation easements on behalf of the state.
2)Requires NRA 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, and requires that:
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a) NRA develop and maintain a database of lands and
easements that have been acquired by the departments and
boards within NRA;
b) All departments, boards, commissions and conservancies
within NRA provide information annually to the agency's
secretary on land acquisitions and funding, and, as
specified, on prospective acquisitions;
c) NRA 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) Specified reporting requirements are met.
FISCAL EFFECT: Unknown
COMMENTS:
1)This bill. According to the author, this bill would increase
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transparency on land and conservation easement acquisitions by
adding at least 30 days advance notice for public comment to
the uniform open process established to ensure that
information will be readily-available regarding hearings where
state land acquisitions will be approved. The bill also
deletes the provision that does not require implementation if
funds are not available and makes additional technical and
clarifying changes to existing law.
2)Background. Existing law requires NRA to maintain a uniform,
open process so that information related to prospective land
acquisitions is readily available to the general public,
local, state, and federal agencies, adjacent landowners and
other interested parties. However, 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. Such information is only readily
available on completed land and conservation easement
acquisitions.
Currently, NRA maintains a bond accountability database with
information on how existing natural resources bond funding,
such as Proposition 84, has been allocated. Information on
acquisitions through earlier bonds is also available from NRA,
as is a registry of conservation easements. This registry
includes a public search function and, according to the
agency, is updated when funding is available to do so.
Advance public notice requirements for relevant acquisitions
vary among existing programs, which makes it difficult for the
public to monitor. Generally, if a land or conservation
easement acquisition constitutes 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. For
example, WCB provides its preliminary agenda on its website
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and notifies certain stakeholders at least 30 days in advance
of a hearing where acquisitions may be considered. The final
agenda is released at least 10 days ahead of the hearing to
satisfy the open meeting requirements of the Bagley-Keene Open
Meetings Act. There are also extensive notice requirements
both before and after acquisition under the Williamson Act for
agricultural lands. Moreover, when an acquisition requires
action by local government entity, additional notice
provisions would be applicable. Depending upon the program,
land acquisitions may not result in 30 days' notice to the
public.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)
319-2092
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