BILL ANALYSIS
SB 1124
Page 1
SENATE THIRD READING
SB 1124 (Negrete McLeod)
As Amended August 20, 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 or exchange
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 or exchange satisfies the original purposes of
the grant agreement between the county and the Department of
Parks and Recreation (DPR), as modified by this bill;
b) 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;
c) The County preserves all lands and conservation easements
acquired or dedicated in perpetuity for agricultural
preservation, including community gardens, agricultural
heritage projects, agricultural and wildlife education or
wildlife habitat, or for open space conservation purposes;
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d) The County, by April 1, 2011, places a deed restriction on
each property it acquired with Proposition 70 funds. The
deed restriction shall be written for the purposes described
in c) above, recorded with the county recorder, and in effect
until either a conservation easement is recorded on the
property or the county sells or exchanges the property;
e) The County adopts and implements a land plan that meets
specified conditions.
2)Prohibits the County from selling, exchanging, or acquiring
replacement land or conservation easements unless and until it
has adopted a detailed land plan.
3)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.
4)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 habitat 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 habitat
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.
5)Requires that the plan be provided to DPR for review and
approval no less than 90 days prior to the county's adoption.
Requires DPR if it does not approve or disapprove the land plan
within 45 days of receipt, to provide written comments setting
forth its concerns or suggested modifications that could lead to
DPR approval.
6)Requires the County to hold a public hearing before the County
Board of Supervisors on the plan.
7)Requires the County, by April 1, 2012, to record a conservation
easement on each property retained, and within 90 days of
acquisition on any property acquired. Requires that the
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easements be in perpetuity and approved by DPR.
8)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 no later than 60 days following sale or
exchange of the last property.
9)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 June 1, 2012.
10)Requires the County to provide a report to DPR on all
expenditures and revenues from all the sales or exchanges of
land under the land plan. Authorizes the County, if there are
unexpended proceeds, to propose a plan to DPR for expenditure of
the funds for acquisitions or capital improvements to land or
easements purchased with grant funds. With the exception of
revenues from the sale or exchange of land, authorizes the
county to use all income generated from the properties it owns
within the preserve for acquisition of additional replacement
land within the preserve or for improvement, operation and
maintenance of existing or replacement land within the preserve.
11)Provides that this bill does not exempt the County from the
requirements of CEQA.
12)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
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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 : 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;
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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 habitat value.
The most recent amendments address the concerns of the County.
There is no known opposition.
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: 0006453