BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1124|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 1124
Author: Negrete McLeod (D)
Amended: 5/10/10
Vote: 27
SENATE NATURAL RES. & WATER COMMITTEE : 7-0, 4/13/10
AYES: Pavley, Hollingsworth, Kehoe, Lowenthal, Padilla,
Simitian, Wolk
NO VOTE RECORDED: Cogdill, Huff
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Land conservation: California Wildlife,
Coastal, and Park
Land Conservation Act
SOURCE : Author
DIGEST : This bill requires that all grantees of funds
from Proposition 70 to record an easement by July 1, 2011
on all property acquired, developed, rehabilitated, or
restored, if the grantee committed to place that easement.
The conservation easement must be approved by DPR and must
provide that the property will be maintained and operated
in perpetuity.
ANALYSIS : In 1988, the voters passed Proposition 70,
titled the California Wildlife, Coastal, and Park Land
Conservation Act. Proposition 70 provided $776 million for
various land conservation purposes. Proposition 70
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approved $185.4M of bond monies to the Department of Parks
and Recreation (DPR) for specified grants to local
agencies, including a $20M grant to the County of San
Bernardino for the acquisition of land primarily through
the use of conservation easements within the Chino
Agricultural Preserve. Any applicant for grants under
Proposition 70 agree to maintain and operate the property
acquired, developed, rehabilitated, or restored with the
bond dollars in perpetuity.
AB 2063 (Negrete McLeod, 2004) authorized the County of San
Bernardino to sell property acquired with Proposition 70
dollars if the following conditions are met:
1.All proceeds from the sale are used to acquire
replacement land within the Chino Agricultural Preserve.
2.The county prepares a detailed land plan indicating the
properties to be sold and acquired and is approved by the
Board of Supervisors.
3.There is no net loss in acreage or habitat value as a
result of the exchange.
4.The county holds a public hearing before the Board of
Supervisors to review the land plan.
5.The county receives independent appraisal of the lands to
be sold and acquired and makes these appraisals available
to the public.
6.Agricultural conservation easements must be recorded on
all newly acquired land at the time of purchase and
recorded on previously acquired property within 60 days
of the approval of the land plan. Easements do not need
to be placed on lands identified for sale in the land
plan.
To date, San Bernardino has not taken any action to
exercise this land exchange authority.
Existing law requires that conservation easements be
recorded with the county recorder of the county where the
land is situated.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/10/10)
California Council of Land Trusts
Planning and Conservation League
OPPOSITION : (Verified 5/10/10)
County of San Bernardino
ARGUMENTS IN SUPPORT : According to the author's office,
Proposition 70 required that all property purchased with
the bond monies be protected and maintained in perpetuity.
"Unfortunately, not all of the land purchased with Prop 70
has been protected as intended. San Bernardino County is a
case in point. The County purchased 37.26 acres for the
Chino Agricultural Preserve in 1991 but still has not taken
the necessary actions to place the easement on the land."
The author refers to a County resolution and correspondence
from DPR to the county indicating the county's obligation
to place easements on the purchased properties, however
easements have not yet been placed. The author contends
that this bill will remedy this problem.
ARGUMENTS IN OPPOSITION : The County of San Bernardino
opposes this bill because they believe this bill will
hamper their plans to conduct a land exchange, as
authorized by AB 2063, in order to create a consolidated
section of preserved land within the Chino and Ontario
agricultural preserves where they plan to construct a
Cultural Heritage Center. The county contends that, "The
current Proposition 70 properties are loosely situated and
have created isolated parcels, some of which lack public
access. The sporadic location of these properties have no
public value."
DLW:CTW:nl 5/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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