Senate BillNo. 778


Introduced by Senator Allen

February 27, 2015


An act to amend Section 5096.520 of the Public Resources Code, relating to conservation easements.

LEGISLATIVE COUNSEL’S DIGEST

SB 778, as introduced, Allen. Conservation easements: central public registry.

Existing law requires the Secretary of the Natural Resources Agency to establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000, as prescribed. Existing law requires the registry to be updated biennially.

This bill would require the registry to be updated biennially, or more frequently at the discretion of the secretary.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 5096.520 of the Public Resources Code
2 is amended to read:

3

5096.520.  

(a) The Secretary of thebegin insert Naturalend insert Resources Agency
4shall establish a central public registry of all conservation
5easements held or required by the state, or purchased with state
6grant funds provided by an agency, department, or division of the
7state on or after January 1, 2000. In constructing the registry, the
8begin insert Naturalend insert Resources Agency shall draw upon the Department of
P2    1General Services’ property inventory, and other information held
2by a state agency, department, division, or other sources.

3(b) For the purposes of this section, “conservation easement”
4means any limitation in a recorded instrument that contains an
5easement, restriction, covenant, condition, or offer to dedicate,
6that has been executed by or on behalf of the owner of the land
7begin insert that isend insert subject to that limitation and is binding upon successive
8owners of the land, and the purpose of which is to retain land
9predominantly in its natural, scenic, historical, agricultural,
10forested, or open-space condition. “Conservation easement”
11includes a conservation easement as defined in Section 815.1 of
12the Civil Code, an open-space easement as defined in Section
1351075 of the Government Code, and an agricultural conservation
14easement as defined in Section 10211.

15(c) The registry shall only include the following information on
16each conservation easementbegin insert that isend insert listed in the registry:

17(1) The assessor’s parcel numbers for the property covered by
18the easement.

19(2) The purpose of the easement.

20(3) The location of the easement, identified by county and
21nearest city.

22(4) The identity of the easementholder.

23(5) The size of the easement in acres.

24(6) The date the easement transaction was recorded.

25(7) The amount of funding provided by the agency, department,
26or division of the state holding or requiring the easement or
27providing state grant funds for the easement.

28(d) An agency, department, or division of the state with
29conservation easements that are held or required by the state or
30purchased with state grant funds shall enter and keep current the
31information specified in subdivision (c) for those easements in the
32registry established pursuant to this section.

33(e) begin deleteOn or before January 1, 2009, the end deletebegin insertThe end insertSecretary of the
34begin insert Naturalend insert Resources Agency shall make the registry available for
35use by the general public. Only the informationbegin delete pertainingend deletebegin insert relatingend insert
36 to paragraphs (2) to (6), inclusive, of subdivision (c) regarding
37conservation easements held or required by the state, or purchased
38with state grant funds provided by an agency, department, or
39division of the state on or after January 1, 2006, shall be provided
40by the Secretary of thebegin insert Naturalend insert Resources Agency on the Internet.
P3    1Personal identifying information shall not be posted on the Internet.
2The registry shall be updatedbegin delete bienniallyend deletebegin insert biennially, or more
3frequently at the discretion of the secretaryend insert
.



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