BILL NUMBER: AB 398	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Migden
    (Principal coauthor: Assembly Member Dutra) 
    (Principal coauthors:  Assembly Members Dutra and Mazzoni)


                        FEBRUARY 12, 1999

   An act  to add Section 1352.5 to the Fish and Game Code, 
relating to property acquisition, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 398, as amended, Migden.   Property acquisition.
   Existing law requires the Wildlife Conservation Board to authorize
the acquisition of real property, rights in real property, water, or
water rights as necessary to carry out the purposes of the Wildlife
Conservation Law of 1947.  
   This bill would require the board to authorize the acquisition of
property in San Francisco Bay currently owned by the Cargill Salt
Division, upon the performance of conditions prescribed in the bill.
 
   This bill would establish the San Francisco Baylands Restoration
Program Account in the continuously appropriated Wildlife Restoration
Fund, for the purpose of acquiring and restoring wetlands and lands
that may be enhanced to support wetlands in the San Francisco Bay
area.  The bill would authorize the board to acquire any lands
identified in the Baylands Ecosystem Habitat Goals Report, including
property owned by the Cargill Salt Division, upon the performance of
conditions prescribed in the bill. 
   The bill would  appropriate   require the
Controller to transfer  a sum not to exceed $150,000,000 from
the General Fund to the  Wildlife Restoration Fund 
 account  for  expenditure by the board for  the
acquisition  and restoration  of  the 
property  described in the report, thereby making an
appropriation  .
   Vote:  2/3.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


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

  
  SECTION 1.  The Legislature finds and declares that  
  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is desirable to restore and enhance large areas in the San
Francisco Bay area to sustain diverse and healthy communities of fish
and wildlife resources, to improve the water quality of the San
Francisco Bay, and to provide increased recreational and educational
opportunities.
   (b) The Baylands Ecosystem Habitat Goals Report (Goals Report),
published in 1999 by a group of 100 scientists and resource managers,
details the types, amounts, and distribution of wetlands and related
habitats needed to sustain a healthy San Francisco Bay ecosystem.
To achieve the recommendations of the Goals Report, it will be
necessary to undertake a historic effort of the large-scale
acquisition and restoration of properties throughout the Bay area.
For example, the recommendations of the Goals Report for the South
Bay subregion identify acquisition and restoration of the Cargill
Salt ponds as a necessary step to sustain and recover populations of
several endangered species and to improve the overall condition of
the Bay's fish and wildlife resources.
  SEC. 2.  Section 1352.5 is added to the Fish and Game Code, to
read:
   1352.5.  (a) The San Francisco Baylands Restoration Program
Account is hereby established within the Wildlife Restoration Fund,
as provided for by Section 19632 of the Business and Professions
Code, for the purpose of acquiring and restoring wetlands and lands
that may be enhanced to support wetlands in the San Francisco Bay
area in order to achieve the objectives of the Baylands Ecosystem
Habitat Goals Report (Goals Report).
   (b) Funds in the account may be expended by the board to acquire
any lands identified in the Goals Report that are available for
acquisition subject to the following conditions:
   (1) The purchase price shall not exceed the fair market value of
the property, as determined by an appraisal conducted pursuant to
Section 1348.2. The appraisal shall also consider and describe all
the specific requirements and restrictions of relevant state and
federal laws, including, but not limited to, the McAteer-Petris Act
(Title 7.2 (commencing with Section 66600) of the Government Code),
related to the property value and development potential of lands
considered for acquisition in the shoreline band of the San Francisco
Bay area.
   (2) The board has determined any of the following:
   (A) Funds are available to implement the recommendations and
objectives of the Goals Report for a significant portion of the
property to be acquired by the board.
   (B) Sufficient funding and authority exists for the long-term
maintenance of all levees and dikes and all other land-use management
requirements necessary to avoid environmental degradation for the
property proposed to be acquired by the board.
   (C) The property to be acquired by the board has no unique
long-term maintenance requirements or has no land-use management
requirements necessary to avoid environmental degradation.
   (3) If the board determines to acquire all or a portion of the
Cargill property, a matching federal appropriation for the
acquisition of the Cargill property shall be deposited into an
account solely for the acquisition of the Cargill property or a
portion thereof.
   (4) The board has consulted with the State Coastal Conservancy and
determined that the proposed acquisition is consistent with most of
the goals of the San Francisco Bay Area Conservancy Program, as
described in Section 31162 of the Public Resources Code.
   (c) "Cargill property," for purposes of this section, means all
property owned by the Cargill Salt Division that Cargill proposes to
sell to the state and federal governments.
  SEC. 3.  The Controller shall transfer a sum not to exceed one
hundred fifty million dollars ($150,000,000) from the General Fund to
the San Francisco Baylands Restoration Program Account for
allocation to the Wildlife Conservation Board for expenditure to
implement the recommendations and objectives of the Baylands
Ecosystem Habitat Goals Report, as described in Section 1 of this
act.   it is desirable to restore and enhance the
significant area of former marshland and wildlife habitat in San
Francisco Bay currently owned by the Cargill Salt Division.
  SEC. 2.  (a) A sum not to exceed one hundred fifty million dollars
($150,000,000) is hereby appropriated from the General Fund to the
Wildlife Restoration Fund for the acquisition by a state agency, or
state and federal agency, of approximately 19,000 acres of salt
ponds, or portion thereof, in San Francisco Bay currently owned by
the Cargill Salt Division.
   (b) "Cargill property," for purposes of this section, means the
19,000 acres owned by the Cargill Salt Division that Cargill proposes
to sell to the state and federal governments.
   (c) The moneys appropriated pursuant to this section shall not be
released for the acquisition of the property until all of the
following conditions are met:
   (1) The purchase price for the Cargill property, or portion
thereof, shall not exceed the fair market value of the property, or
portion thereof, as determined by an appraisal pursuant to Section
1348.2 of the Fish and Game Code.
   (2) A matching federal appropriation for the acquisition of the
Cargill property, or portion thereof, shall be deposited into an
account established solely for the acquisition of the Cargill
property or a portion thereof.
   (3) The Wildlife Conservation Board shall authorize the
acquisition of the Cargill property, or portion thereof, pursuant to
Section 1348 of the Fish and Game Code, except that the board shall
not make the authorization until the board has identified funds for
the preparation and implementation of a restoration plan for the
Cargill property.