BILL ANALYSIS
SB 1124
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 1124 (Negrete McLeod) - As Amended: June 21, 2010
SENATE VOTE : 28-7
SUBJECT : Land Conservation: Park Bonds: San Bernardino County
SUMMARY : Authorizes San Bernardino County to exchange lands
purchased with state park bond funds if the county meets certain
requirements relating to conservation easements and deed
restrictions on lands retained and sold. Specifically, this
bill :
1)Authorizes San Bernardino County (County) to sell property it
owns within Chino Agricultural Preserve that was purchased
with grant funds from the California Wildlife, Coastal, and
Park Land Conservation Act of 1988 (Proposition 70) if the
following conditions are met:
a) The County conserves all lands and conservation
easements acquired or dedicated in perpetuity for
agricultural preservation and open space conservation
purposes.
b) The County, by April 1, 2011, places a deed
restriction on each property it acquired with Proposition
70 funds. The deed restriction shall be for agricultural
preservation and open space conservation, recorded with
the county assessor, and remain in effect until either a
conservation easement is recorded on the property or the
county sells or exchanges the property.
c) The County uses all the proceeds for each sale only
for acquisition of replacement land or conservation
easements within the Chino Agricultural Preserve.
Exceptions to this requirement may be granted only by the
Department of Parks and Recreation (DPR).
d) The County adopts and implements a land plan that
meets specified conditions.
2)Requires the County to adopt a detailed land plan by December
31, 2011 that identifies each parcel acquired with Proposition
70 bond funds, and identifies the parcels which will be sold,
exchanged, purchased and retained.
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3)Requires the detailed land plan to maximize connectivity of
lands to the extent feasible and practicable, to include an
environmental review in compliance with the California
Environmental Quality Act, and if the plan results in any net
loss of acreage or value, to identify additional land within
the Chino Agricultural Preserve to compensate for that loss.
Requires that the land plan and environmental review
demonstrate that there will be no net loss in acreage or
agricultural and open space value, and that the county acquire
or dedicate additional land or conservation easements within
the preserve if necessary to compensate for any loss by no
later than one year following the sale of the last property to
be disposed.
4)Requires that the plan be provided to DPR for review and
approval no less than 90 days prior to the county's adoption.
5)Requires the County to hold a public hearing before the County
Board of Supervisors on the plan.
6)Requires the County, by April 1, 2012, to record a
conservation easement for agricultural and open space purposes
on each property retained, and within 90 days of acquisition
on any property acquired. Requires that the easements be in
perpetuity and approved by DPR.
7)Requires the County prior to closing any real property
transaction with respect to the land plan, to submit
independent appraisals to DPR for concurrence with state
appraisal standards, and requires that the County make the
appraisals available to the public.
8)Provides that if the County fails to adopt a detailed land
plan by December 31, 2011 as required, the County may apply to
DPR for an extension of time. If the county fails to complete
the plan, the county shall be required to record conservation
easements on all lands purchased with Proposition 70 bond
funds within the Chino Agricultural Preserve by June 1, 2012.
EXISTING LAW :
1)Proposition 70, approved by the voters in 1988, authorized
$776 million in general obligation bond funds for various land
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conservation purposes, including $185.4 million to DPR for
grants to local agencies, of which $20 million was allocated
to San Bernardino County for acquisition of land primarily
through the use of conservation easements within Chino
Agricultural Preserve. Proposition 70 required any applicant
for grants under Proposition 70 to agree to maintain and
operate the property in perpetuity.
2)AB 2063 (Negrete McLeod), Chapter 377, Statutes of 2004,
authorized the County of San Bernardino to sell property
acquired with Proposition 70 funds if proceeds from the sale
were used to acquire replacement land within Chino
Agricultural Preserve, and the county prepares a detailed land
plan approved by the Board of Supervisors, there is no net
loss of acreage or habitat value as a result of the exchange,
the county holds a public hearing, and the county receives an
independent appraisal of the lands to be sold and acquired and
makes these appraisals available to the public.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates the purpose of this bill is to
ensure that $20 million in public funds awarded to San
Bernardino County from Proposition 70 in 1988 are protected and
used in the manner intended by the voters by requiring deed
restrictions or conservation easements on the properties
acquired by the county to ensure the land is protected in
perpetuity. When the county was awarded the funds, it agreed to
place any land it obtained under an agricultural conservation
easement. The county also adopted a resolution stating its
intent to place easements on the property. However, nearly 20
years later none of the approximately 370 acres purchased is
under any kind of easement or other deed restriction. Five years
ago the County indicated it desired to pursue a plan to
consolidate and replace some of the properties, as the
properties purchased with the Proposition 70 funds are not all
contiguous and have created isolated parcels, some of which lack
public access, diminishing their public value. Then-Assembly
Member Negrete McLeod authored legislation (AB 2063, Chapter
377, Statutes of 2004), authorizing a land swap, as long as the
land eventually retained by the county was placed under
easement. To date such a plan has not been implemented.
Essentially, this bill permits the county to pursue a
land-consolidation/land-swap strategy, as long as the following
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conditions are met: 1) the county, by April 1, 2011, places a
temporary deed restriction on each of the properties it
purchased with the Proposition 70 funds, 2) the county develops
a detailed land plan within one year, identifying those lands it
intends to retain, and those it intends to sell or exchange, 3)
the county places conservation easements on the lands it intends
to retain, 4) the county places conservation easements on those
it acquires in exchange, and 5) the county demonstrates there
will be no net loss in acreage or agricultural and open space
value.
The County of San Bernardino opposed the introduced version of
this bill and argued that the existing law (AB 2063) does not
give the county the flexibility needed to proceed with the
county's conceptual plan to build a Cultural Heritage Center
within the preserve. The county indicates it is now working
with the author and the sponsor on this bill as amended, which
it generally agrees with in concept, but indicates the language
is still under review.
In light of the fact that it has been over 20 years since the
county was granted the bond funds at issue, and this bill
represents the second legislative extension of time for the
county to come into compliance, the committee may wish to
consider whether additional remedies should be added for the
state to recoup the funds should the county fail to fully comply
within the timeframes laid out in this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
Planning and Conservation League
California Council of Land Trusts
Opposition
County of San Bernardino
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096