BILL ANALYSIS �
AB 2169
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ASSEMBLY THIRD READING
AB 2169 (Chesbro)
As Introduced February 23, 2012
Majority vote
BUSINESS & PROFESSIONS 7-1 NATURAL RESOURCES 5-3
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Chesbro, Dickinson, |
| |Allen, Butler, Eng, Hill, | |Huffman, Monning, Skinner |
| |Ma | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman |Nays:|Knight, Grove, Halderman |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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SUMMARY : Exempts land acquisitions made pursuant to the
California Forest Legacy Program (FLP) Act from current law
requiring that all real property be acquired for state agencies by
the State Public Works Board (PWB).
EXISTING LAW :
1)Establishes the FLP to conserve private forest lands and
authorizes the Department of Forestry and Fire Protection
(CalFire) to acquire conservation easements of eligible
properties according to specified criteria.
2)Allows CalFire to acquire conservation easements by entering
into a contract with the Wildlife Conservation Board (WCB) to
administer the purchase of conservation easements.
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3)Establishes the Property Acquisition Law and vests the PWB with
the authority to administer the law.
4)Requires, under the Property Acquisition Law, that all land and
other real property to be acquired by or for any state agency be
acquired by the PWB, as specified. The following agencies are
exempt from this requirement: the Department of Transportation;
the Department of Water Resources; the State Reclamation Board;
the Department of Fish and Game; the Wildlife Conservation
Board; the Public Employees' Retirement System; the State
Teachers' Retirement System; the Department of Housing and
Community Development; the State Lands Commission, except for
property to be acquired for the State Lands Commission pursuant
to an appropriation from the General Fund; and, the State
Coastal Conservancy with respect to acceptance of offers to
dedicate specified public accessways.
FISCAL EFFECT : According to Assembly Appropriations Committee,
minor administrative cost savings.
COMMENTS : According to the author, "Up until last year, the
Property Acquisition Law was not applied to the FLP. However,
last year, while the Baxter Ranch Conservation Easement project
was pending before the WCB, a question was raised as to whether
the FLP was exempted from the Property Acquisition Law because
CalFire - not the WCB - was acquiring the easement. (Property
Acquisition Law) does not expressly exclude CalFire or the FLP
from the PWB's process?It wasn't the intent of the enabling
statute to create a process where a FLP conservation easement had
to go through both the WCB and the PWB.
"According to CalFire, the Baxter Ranch project cost an extra
$18,000 because it went through the PWB process in addition to the
WCB process. This additional process seems duplicative and
unnecessary. Given the extra costs, the original intent of the
FLP, the prior practice of exempting the FLP from the Property
Acquisition Law, and that there wasn't a significant benefit to
having the Baxter Ranch project go through the PWB, (this bill
will) expressly exempt the FLP from the Property Acquisition Law."
The purpose of the FLP is to protect environmentally important
forestland threatened with conversion to non-forest uses, such as
subdivision for residential or commercial development. The
program is designed mainly to help small landowners maintain their
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lands in the face of development pressures while continuing to
manage their lands for timber.
The program is entirely voluntary. Landowners who wish to
participate may sell or transfer particular rights, such as the
right to develop the property or to allow public access, while
retaining ownership of the property and the right to use it in any
way consistent with the terms of the easement. The agency or
organization holding the easement is responsible for managing the
rights it acquires and for monitoring compliance by the landowner.
Forest management activities, including timber harvesting,
hunting, fishing and hiking are encouraged provided they are
consistent with the program's purpose. CalFire administers the
FLP, which includes complimentary federal and state programs and
funding.
Statutes governing the FLP allow CalFire to acquire conservation
easements by entering into a contract with the WCB to administer
the purchase of conservation easements. California's Property
Acquisition Law designates the PWB as the agency responsible for
acquiring all land or other real property for all state agencies,
with exceptions for several agencies that include the WCB but not
CalFire. This lack of specificity raised concerns when the Baxter
Ranch project was pending before the WCB, which eventually sent
the project through the PWB process as well, costing an additional
$18,000.
According to the author, the FLP process previously did not
require projects to go through both the PWB and the WCB, and the
enacting legislation intended for FLP projects to be exempt from
the PWB process. The author notes that the WCB has unique
expertise relative to forestry-related projects, and that
administration through the WCB results in program savings "by
reducing the level of unique administrative overhead needed for
forestlands."
This bill provides clarification to the original intent of the FLP
by specifying that the Property Acquisition Law does not apply to
any land acquisition made pursuant to the FLP.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301 FN: 0003539
AB 2169
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