SB 1020,
as amended, Wieckowski. begin deleteHistorical property. end deletebegin insertLand use: mitigation lands.end insert
The Planning and Zoning Law authorizes a state or local agency, where that agency requires a project proponent to transfer property to mitigate adverse project impacts upon natural resources, to in turn authorize a government entity, special district, or any of certain types of parties to hold title to, and manage, the transferred property. Existing law allows a state or local agency that has required such a transfer of property for mitigation purposes to identify the funding needs for the long-term stewardship of the property, and establishes various requirements with respect to the amount and management of any endowment conveyed or secured for purposes of funding the protection of the property.
end insertbegin insertExisting law authorizes a state or local agency that, in the development of its own project is required to protect property in order to mitigate an adverse impact upon natural resources, to take any action that the agency deems necessary to meet its mitigation obligations, including, but not limited to, transferring the interest to specified entities, providing funds to specified entities to acquire land or easements or to implement a restoration or enhancement project, or holding an endowment in an account administered by an elected official, as provided.
end insertbegin insertThis bill would authorize a district that meets specified criteria to meet the mitigation obligation by possessing budget reserves in excess of funds required to meet the mitigation obligation and retaining permanent stewardship and maintenance staff to manage the resource.
end insertbegin insertThis bill would make legislative findings and declarations, including findings and declarations demonstrating the necessity of a special statute with respect to a particular district.
end insertExisting law authorizes a city, county, or city and county to contract with the owner of a qualified historical property, as defined, to restrict the use of the property for a minimum period of 10 years, and establishes methods for the property tax valuation of any property so restricted during the contract period on a basis that is consistent with its restrictions and uses.
end deleteThis bill would make nonsubstantive changes to this provision.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertThe Legislature finds and declares all of the
2following:end insert
3
(a) The Department of Fish and Wildlife construes Sections
465966 and 65967 of the Government Code to require all entities,
5including public entities and private businesses and nonprofit
6corporations, to set aside restricted endowments to guarantee the
7stewardship of lands where conservation easements have been
8required.
9
(b) In the case of the East Bay Regional Park District (EBRPD),
10which is a nonenterprise, independent special district with its own
11taxing authority and elected board of directors whose sole purpose
12is to acquire and manage land for open space, public recreation,
13and natural resource protection, endowment requirements need
14additional consideration. For the reasons set forth below, a special
15statute is necessary with respect to the EBRPD.
16
(c) Requiring entities established pursuant to Section 5500 of
17the Public Resources Code, such as the EBRPD, which employs
18permanent police, rangers, and stewardship staff, to fund
19endowments effectively doubles the cost burden on local taxpayers
P3 1for managing specified habitat enhancements or conservation
2lands.
3
(d) Requiring this agency to mitigate for its own public projects
4and permanently put local tax dollars in restricted
endowment
5accounts increases the costs and taxpayer obligations by millions
6of dollars.
7
(e) The EBRPD is specifically required to manage public
8parklands consistent with its master plan, as well as state and
9federal regulatory requirements.
10
(f) Furthermore, the EBRPD’s ability to manage land for the
11benefit of protected species and habitat has been recognized by
12the Department of Fish and Wildlife, which has authorized the
13EBRPD to hold and manage mitigation lands for third parties and
14the state.
15
(g) Permanently obligating local taxpayer funding toward
16endowment accounts will significantly reduce the funds available
17to invest in stewardship staff and the appropriate management of
18habitat sensitive public lands.
19
(h) Consistent with existing law, the
Legislature affirms the
20authority of the Department of Fish and Wildlife to require local
21agencies to establish endowments for the ongoing care and
22maintenance of lands and projects resulting from mitigation
23practices.
24
(i) It is the intent of the Legislature that the Department of Fish
25and Wildlife, as part of mitigation and resulting endowment
26practices, administer Section 65967 of the Government Code so
27as not to unnecessarily obligate public resources for activities
28otherwise performed as part of an agency’s ongoing
29responsibilities and operations.
begin insertSection 65967 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
31read:end insert
(a) If a state or local agency requires a project
33proponent to transfer property to mitigate any adverse impact upon
34natural resources caused by permitting the development of a project
35or facility, the agency may authorize a governmental entity, special
36district, a nonprofit organization, a for-profit entity, a person, or
37another entity to hold title to and manage that property.
38(b) If a state or local agency, in the development of its own
39project, is required to protect property to mitigate an adverse impact
40upon natural resources, the agency may take any action that the
P4 1agency deems necessary in order to meet its mitigation obligations,
2including, but not limited to, the following:
3(1) Transfer
the interest, or obligation to restore and enhance
4property, to a governmental entity, special district, or nonprofit
5organization that meets the requirements set forth in subdivision
6(c).
7(2) Provide funds to a governmental entity, nonprofit
8organization, a special district, a for-profit entity, a person, or other
9entity to acquire land or easements, or to implement a restoration
10or enhancement project, that satisfies the agency’s mitigation
11obligations.
12(3) Hold an endowment in an account administered by an elected
13official provided that the state or local agency is protecting,
14restoring, or enhancing its own property.
15
(4) Possess budget reserves in excess of the funds required to
16meet the mitigation obligation and retain permanent
stewardship
17and maintenance staff to manage the resource, provided that the
18agency does both of the following:
19
(A) Acts as an agent for the state to acquire, plan, and develop
20units of the state park system pursuant to Section 5003.03 of the
21Public Resources Code.
22
(B) Works in collaboration with the state and other local entities
23to implement a project pursuant to the Natural Community
24Conservation Planning Act (Chapter 10 (commencing with Section
252800) of Division 3 of the Fish and Game Code).
26(c) A state or local agency shall exercise due diligence in
27reviewing the
qualifications of a governmental entity, special
28district, or nonprofit organization to effectively manage and
29steward land, water, or natural resources. The local agency may
30adopt guidelines to assist it in that review process, which may
31include, but are not limited to, the use of or reliance upon
32guidelines, standards, or accreditation established by a qualified
33entity that are in widespread state or national use.
34(d) The state or local agency may require the governmental
35entity, special district, or nonprofit organization to submit a report
36not more than once every 12 months and for the number of years
37specified in the mitigation agreement that details the stewardship
38and condition of the property and any other requirements pursuant
39to the mitigation agreement for the property.
P5 1(e) The recorded instrument that places the fee title or partial
2interest in real property with a
governmental entity, special district,
3nonprofit organization, or for-profit entity, pursuant to subdivision
4(a) or (b) shall include a provision that if the state or local agency
5or its successor agency reasonably determines that the property
6conveyed to meet the mitigation requirement is not being held,
7monitored, or stewarded for conservation purposes in the manner
8specified in that instrument or in the mitigation agreement, the
9property shall revert to the state or local agency, or to another
10public agency, governmental entity, special district, or nonprofit
11organization pursuant to subdivision (c) and subject to approval
12by the state or local agency. If a state or local agency determines
13that a property must revert, it shall work with the parties to the
14mitigation agreement, or other affected entities, to ensure that any
15contracts, permits, funding, or other obligations and responsibilities
16are met.
Section 50280 of the Government Code is
18amended to read:
Upon the application of an owner or the agent of an
20owner of a qualified historical property, as defined in Section
2150280.1, the legislative body of a city, county, or city and county
22may contract with the owner or agent to restrict the use of the
23property in a manner that the legislative body deems reasonable
24to carry out the purposes of this article and of Article 1.9
25(commencing with Section 439) of Chapter 3 of Part 2 of
Division
261 of the Revenue and Taxation Code. The contract shall meet the
27requirements of Sections 50281 and 50282.
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