BILL NUMBER: SB 1027	CHAPTERED
	BILL TEXT

	CHAPTER  232
	FILED WITH SECRETARY OF STATE  AUGUST 29, 2016
	APPROVED BY GOVERNOR  AUGUST 29, 2016
	PASSED THE SENATE  APRIL 21, 2016
	PASSED THE ASSEMBLY  AUGUST 11, 2016
	AMENDED IN SENATE  APRIL 6, 2016

INTRODUCED BY   Senator Nielsen
   (Coauthor: Assembly Member Gallagher)

                        FEBRUARY 12, 2016

   An act relating to parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1027, Nielsen. Parks: property transfer.
   Existing law provides for the acquisition of public park property
and facilities and compensation for that transfer under specified
circumstances. The State Beach, Park, Recreational and Historical
Facilities Bond Act of 1974 authorized the state to issue and sell
bonds to provide funding for, among other things, grants to counties,
cities, or cities and counties for the acquisition and development
of real property for park, recreation area, beach, and historical
purposes.
   The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes
the issuance of bonds for the purpose of financing a program for the
acquisition, development, improvement, rehabilitation, restoration,
enhancement, and protection of park, recreational, cultural,
historical, fish and wildlife, lake, riparian, reservoir, river, and
coastal resources, as specified. The act prohibits the use of the
grant funds unless the applicant has agreed to certain conditions,
including, but not limited to, using the property only for the
purposes for which the grant was made and making no other use or sale
or other disposition of the property, except as authorized by a
specific act of the Legislature. The act requires that, if the use of
the property is changed to a use that is not permitted by the act or
if the property is sold or otherwise disposed of, an amount equal to
the amount of the grant, the fair market value of the real property,
as specified, or the proceeds from the sale or other disposition be
used by the grantee for a purpose authorized by the act or that this
amount be reimbursed to the fund.
   This bill would authorize the County of Tehama to transfer to the
Evergreen Union School District certain parkland if the county and
the district enter into an agreement with the Department of Parks and
Recreation that transfers to the district all ongoing obligations of
the county relating to the property, as specified, and certain other
conditions are met.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Tehama.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  In accordance with Section 5096.343 of the Public
Resources Code and notwithstanding Chapter 2.5 (commencing with
Section 5400) of Division 5 of the Public Resources Code, the County
of Tehama may transfer to the Evergreen Union School District the
Noland Park property (Assessor's Parcel Number 004-270-020-1) if all
of the following conditions are met:
   (a) The county and the district enter into an agreement with the
Department of Parks and Recreation that transfers to the district all
ongoing obligations of the county relating to the property arising
pursuant to any of the following:
   (1) The State Beach, Park, Recreational and Historical Facilities
Bond Act of 1974.
   (2) The Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 (Chapter 1.692 (commencing with
Section 5096.300) of Division 5 of the Public Resources Code).
   (3) The Roberti-Z'berg-Harris Urban Open-Space and Recreation
Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5
of the Public Resources Code).
   (4) Any grant agreements entered into pursuant to paragraph (1),
(2), or (3).
   (b) The district ensures that the property is maintained and
operated in perpetuity for park purposes.
   (c) The recorded instrument transferring title from the county to
the district contains an express condition and covenant that the
property shall be used in perpetuity as a public park.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the County of Tehama due to
the location of the Noland Park property in proximity to, and
surrounded by, the elementary school operated by the Evergreen Union
School District.