BILL ANALYSIS
SB 1124
Page 1
SENATE THIRD READING
SB 1124 (Negrete McLeod)
As Amended June 21, 2010
2/3 vote
SENATE VOTE :28-7
WATER, PARKS & WILDLIFE 13-0 APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, |
| |Anderson, Arambula, Tom | |Bradford, |
| |Berryhill, Blumenfield, | |Charles Calderon, Coto, |
| |Caballero, De La Torre, | |Davis, |
| |Fletcher, Gatto, Bonnie | |De Leon, Gatto, Hall, |
| |Lowenthal, Salas, Yamada | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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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, sold and acquired.
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 sale meets conditions of existing law requiring an
amount equal to the sale proceeds or fair market value of
the property sold to be used by the grantee for the same
purposes;
b) The County preserves all lands and conservation
easements acquired or dedicated in perpetuity for
agricultural preservation and open space conservation
purposes;
c) The County, by April 1, 2011, places a deed restriction
on each property it acquired with Proposition 70 funds.
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The deed restriction shall be for agricultural preservation
and open space conservation, recorded with the county
assessor, and in effect until either a conservation
easement is recorded on the property or the county sells or
exchanges the property;
d) The County uses all the proceeds from 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); and,
e) 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.
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
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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 apply
for an extension of time, or DPR does not approve an
extension, the county shall be required to record conservation
easements, as approved by DPR, on all lands purchased with
Proposition 70 bond funds within the Chino Agricultural
Preserve by April 1, 2012.
9)Declares that this bill is an amendment to Proposition 70
within the meaning of that act and consistent with its
purposes.
EXISTING LAW :
1)Proposition 70, approved by the voters in 1988, authorized
$776 million in general obligation bond funds for various land
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.
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FISCAL EFFECT : Minor, absorbable costs to DPR to review and
approve the county's land plan, extension requests and
conservation easements and to review land value appraisals.
COMMENTS : The author indicates the purpose of this bill is to
ensure that $20 million in public funds awarded to the 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
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 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
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sponsor on this bill as amended and is no longer opposed.
Since this bill amends provisions enacted by an initiative
measure it requires a two-thirds vote.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005610