BILL ANALYSIS Ó
SB 734
Page 1
SENATE THIRD READING
SB
734 (De León)
As Amended June 2, 2015
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |9-0 |Williams, Dahle, | |
|Resources | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Hadley, Harper, | |
| | |McCarty, Rendon, Mark | |
| | |Stone, Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Gordon, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
SB 734
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| | | | |
| | | | |
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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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill has minor, if any, state costs.
COMMENTS: According to the author, this bill would increase
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. This 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.
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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 (2006), 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 Web site 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
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applicable. Depending upon the program, land acquisitions may
not result in 30 days' notice to the public.
Analysis Prepared by:
Elizabeth MacMillan / NAT. RES. / (916) 319-2092
FN: 0001798