Bill Text: CA AB1098 | 2009-2010 | Regular Session | Introduced
Bill Title: Natural resources: resource conservation: Chino
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1098 Detail]
Download: California-2009-AB1098-Introduced.html
BILL NUMBER: AB 1098 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hagman
FEBRUARY 27, 2009
An act to amend Section 1 of Chapter 377 of the Statutes of 2004,
relating to natural resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1098, as introduced, Hagman. Natural resources: resource
conservation: Chino Agricultural Preserve.
The California Wildlife, Coastal, and Park Land Conservation Act
(Proposition 70) provides funding from the sale of bonds for the
acquisition, development, rehabilitation, protection, or restoration
of park, wildlife, coastal, and natural lands in California.
Existing law authorizes the County of San Bernardino to sell
property it owns within the Chino Agricultural Preserve that was
purchased with those bond funds, provided the county meets the
conditions required under that act for the sale, and other specified
conditions, including using all the proceeds from the sale only for
the acquisition of replacement land within the Chino Agricultural
Preserve.
This bill would additionally authorize the County of San
Bernardino to exchange property it owns within the Chino Agricultural
Preserve that was purchased with those bond funds under the same
conditions. The bill would revise one of those conditions to
alternatively require the property received in an exchange and all
the proceeds from a sale to be used for the improvement, operation,
and maintenance of existing or replacement land within the Chino
Agriculture Preserve.
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. The Legislature hereby finds and declares that the sale
or exchange of property owned by the County of San Bernardino within
the Chino Agricultural Preserve that was purchased with grant funds
from the California Wildlife, Coastal, and Park Land Conservation Act
(Division 5.8 (commencing with Section 5900) of the Public Resources
Code), as authorized by subparagraph (F) of paragraph (3) of
subdivision (b) of Section 5907 of the Public Resources Code, and
using the property received in any exchange and all of the proceeds
from any sale for the acquisition of replacement land within the
preserve or the improvement, operation, and maintenance of existing
or replacement land within the preserve, is consistent with the
intent and in furtherance of the purposes of the California Wildlife,
Coastal, and Park Land Conservation Act.
SEC. 2. Section 1 of Chapter 377 of the Statutes of 2004 is
amended to read:
SECTION 1. The Legislature authorizes, pursuant to paragraph (2)
of subdivision (a) of Section 5919 of the Public Resources Code, the
County of San Bernardino to sell or exchange property it
owns within the Chino Agricultural Preserve that was purchased with
grant funds from the California Wildlife, Coastal, and Park Land
Conservation Act (Division 5.8 (commencing with Section 5900) of the
Public Resources Code), provided that the sale or exchange
meets the conditions of subdivision (b) of Section 5919 of the
Public Resources Code and all of the following conditions:
(a) The County of San Bernardino uses the property received
in an exchange and all the proceeds from the
a sale only for the acquisition of replacement land
within the Chino Agricultural Preserve or the improvement,
operation, and maintenance of existing or replacement land within the
Chino Agricultu ral Preserve .
(b) The County of San Bernardino prepares a detailed land plan
showing which specific parcels of property acquired with the grant
funds will be sold or exchanged and which specific parcels
of property will be acquired, including land acquired or dedicated
pursuant to subdivision (c).
(c) The land plan and environmental review demonstrate that there
is no net loss in acreage or habitat value as a result of
implementation of the plan. If the sale or exchange of
properties that were acquired with the grant funds, and the
acquisition of replacement land as authorized by this subdivision,
results in any net loss in acreage or habitat value of protected
land, the County of San Bernardino shall acquire or dedicate
additional land within the boundaries of the 14,000-acre Chino
Agricultural Preserve, as it existed on June 8, 1988, including
property surrounding the Chino airport, to make up for that loss and
shall conserve all the land acquired or dedicated as authorized by
this subdivision in perpetuity for agricultural purposes, including
community gardens, agricultural heritage projects, agricultural and
wildlife education, or wildlife habitat.
(d) The County of San Bernardino holds a public hearing before the
Board of Supervisors for the purpose of reviewing the land plan and
taking public comment. The hearing shall be scheduled for a specific
time during a regularly scheduled meeting of the board, and shall be
separately noticed and publicized.
(e) The County of San Bernardino, prior to closing any real
property transactions with respect to the land plan, submits
independent appraisals of the land to be sold or exchanged
and the land to be acquired to the Department of Parks and
Recreation for concurrence with state appraisal standards. These
appraisals shall be made available to the public.
(f) All land acquired or dedicated, including land previously
acquired with the grant funds, other than land identified for sale
or exchange pursuant to the land plan, shall be protected
in perpetuity by recordation of agricultural use deed restrictions or
agricultural conservation easements at the time of purchase or
dedication, and, in the case of properties previously acquired with
the grant funds, within 60 days of approval of the land plan by the
County of San Bernardino. The County of San Bernardino shall not sell
, exchange, or acquire land pursuant to this section
unless and until the San Bernardino County Board of Supervisors
approves the land plan specified in subdivision (b).
(g) All transactions that occur pursuant to this section shall
comply with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
