BILL NUMBER: SB 436	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 16, 2011

   An act to add Section 65966 to the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 436, as introduced, Kehoe. Land use: mitigation lands:
nonprofit organizations.
   The Planning and Zoning Law authorizes a state or local public
agency, if the agency requires a property owner to transfer to the
agency an interest in real property to mitigate an adverse impact
upon natural resources caused by permitting the development of a
project or facility, to authorize a nonprofit organization to hold
title to and manage that interest in real property, provided that the
nonprofit organization meets specified requirements.
   This bill would state the findings and declarations of the
Legislature with respect to the preservation of natural resources
through such mitigation, and would state that it is the intent of the
Legislature to enact legislation to allow state and local public
agencies and nonprofit organizations to utilize the tools and
strategies they need for improving the effectiveness,
cost-efficiency, and durability of mitigation for California's
natural resources.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65966 is added to the Government Code, to read:

   65966.  (a) The Legislature finds and declares all of the
following:
   (1) State and local laws protect a variety of natural resources,
and also require permits to be issued for the development of certain
projects or facilities.
   (2) In furtherance of these laws, state or local public agencies
may require a property owner to transfer an interest in real property
to mitigate any adverse impact upon natural resources caused by
permitting the development of a project or facility.
   (3) Funds may be simultaneously set aside for the long-term
management of the property transferred for mitigation purposes.
   (4) Lands and real property interests transferred to achieve the
mitigation may be held by nonprofit organizations.
   (5) Many state and local agencies work with nonprofit
organizations in valuable and cost effective public-private
partnerships to identify properties that meet the mitigation
requirements and to hold and provide long-term management of the real
property interests.
   (6) There are tools and strategies available for improving the
effectiveness, cost-efficiency, and durability of mitigation for
California's natural resources.
   (7) It is in the interest of the public, project proponents, and
local communities to ensure that the public benefits of mitigation
are achieved.
   (b) It is the intent of the Legislature to enact legislation that
will allow state and local public agencies and nonprofit
organizations to utilize the tools and strategies they need for
improving the effectiveness, cost-efficiency, and durability of
mitigation for California's natural resources.