BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2169|
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THIRD READING
Bill No: AB 2169
Author: Chesbro (D)
Amended: 7/3/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 7-2, 6/12/12
AYES: Pavley, Cannella, Evans, Kehoe, Padilla, Simitian,
Wolk
NOES: La Malfa, Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 53-20, 5/17/12 - See last page for vote
SUBJECT : Property Acquisition Law: State Public Works
Board
SOURCE : Author
DIGEST : This bill exempts acquisitions of conservation
easements made pursuant to the California Forest Legacy
Program (FLP) Act from existing law requiring that all real
property be acquired for state agencies by the State Public
Works Board (PWB).
ANALYSIS :
Existing law:
1.Establishes the FLP to conserve private forest lands and
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authorizes the Department of Forestry and Fire Protection
(CalFire) to acquire conservation easements of eligible
properties according to specified criteria.
2.Establishes the Property Acquisition Law and vests the
PWB with the authority to administer the law.
3.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.
This bill exempts acquisitions of conservation easements
made pursuant to FLP Act from existing law requiring that
all real property be acquired for state agencies by the
PWB.
Background
The Property Acquisition Law requires that all land and
other real property that is acquired by or for any state
agency shall be acquired by the PWB. This law does not
apply to the Department of Transportation, the Department
of Water Resources, the State Reclamation Board, the
Department of Fish and Game, the Wildlife Conservation
Board (WCB), the Public Employees' Retirement System, the
State Teachers' Retirement System, the Department of
Housing and Community Development, and certain property
acquired by the State Lands Commission and the State
Coastal Conservancy.
The Forest Legacy Program within the Department of Forestry
and Fire Protection (CDF) was established in 2000 in SB
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1832 (Chesbro) Chapter 790, Statutes of 2000. This
voluntary program allows the acquisition of conservation
easements from willing landowners who want to conserve, or
prevent development on, private forest lands. 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. The Forest
Legacy Fund was created in the same legislation.
Comments
According to the author's office, the FLP authorizes the
WCB to approve the acquisition of conservation easements on
behalf of CDF. Up until 2011, these transactions were
executed without requiring the PWB's review. However, last
year, a question arose as to whether the Property
Acquisition Law should apply to the FLP when CDF-not
WCB--was designated to hold the conservation easement. CDF
was the designated agency because some federal funds were
involved and the federal forest legacy program requires the
state fire agency to hold the easement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 53-20, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Davis, Dickinson, Eng, Feuer, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Ma, Mendoza, Mitchell, Monning, Nestande, Olsen,
Pan, V. Manuel P�rez, Portantino, Solorio, Swanson,
Torres, Valadao, Wieckowski, Williams, John A. P�rez
NOES: Cook, Donnelly, Beth Gaines, Garrick, Grove, Hagman,
Halderman, Harkey, Jeffries, Jones, Knight, Logue,
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Mansoor, Miller, Morrell, Nielsen, Norby, Silva, Smyth,
Wagner
NO VOTE RECORDED: Charles Calderon, Fletcher, Gorell,
Bonnie Lowenthal, Perea, Skinner, Yamada
CTW:d 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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