Bill Text: CA SB1124 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land conservation: California Wildlife, Coastal, and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 321, Statutes of 2010. [SB1124 Detail]

Download: California-2009-SB1124-Introduced.html

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BILL NUMBER: SB 1124	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to amend Section 5919 of the Public Resources Code,
relating to land conservation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1124, as introduced, Negrete McLeod. Land conservation:
California Wildlife, Coastal, and Park Land Conservation Act.
   The California Wildlife, Coastal, and Park Land Conservation Act,
an initiative measure approved by the voters in the June 7, 1988,
statewide primary election, provided bond funds for wildlife,
coastal, and parkland conservation. The initiative measure may be
amended by a2/3 vote of the Legislature if the amendment is
consistent with the purposes of the act. Existing law requires an
applicant receiving state funds under the act to maintain any
property acquired in perpetuity, as specified, and use the property
only for the purposes stated in the act.
   This bill would require a grantee, or its successors in interest,
to record a conservation easement at the time property is acquired,
developed, rehabilitated, or restored with funds allocated pursuant
to the act. With respect to previously acquired, developed,
rehabilitated, or restored properties, the bill would require the
recording of a grant easement on or before April 1, 2011. The bill
would require the conservation easement to, among other things,
provide that the property is to be maintained and operated in
perpetuity, only for the purposes set forth in the act, and no other
use, sale, or other disposition of the property shall be made except
as authorized by specific act of the Legislature.
   The bill would declare that this requirement is an amendment of
the act within the meaning of Section 6 of the act and is consistent
with the act.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5919 of the Public Resources Code is amended to
read:
   5919.  (a)  (1)     No state 
 State  funds authorized under Section 5907  may
  shall not  be disbursed unless the applicant
agrees  to all of the following  : 
   (1) 
    (A)  To maintain and operate the property acquired,
developed, rehabilitated, or restored with the funds in perpetuity.
With the approval of the granting agency, the applicant or its
successors in interest in the property may transfer the
responsibility to maintain and operate the property in accordance
with this section. 
   (2) 
    (B)  To use the property only for the purposes of this
division and to make no other use, sale, or other disposition of the
property except as authorized by specific act of the Legislature.

    All applicants 
    (2)     An applicant  for a grant
pursuant to paragraph (3) of subdivision (b)  ,  and
 pursuant to  subdivisions (c), (d), and (e)  ,
 of Section 5907 shall submit an application to the
administering agency for grant approval. Each application shall
include in writing the agreements specified in  paragraphs
  paragraph  (1)  and (2) of this
subdivision  . 
    The 
    (3)     The  agreements specified in
 paragraphs   paragraph  (1)  and
(2) of this subdivision  shall not prevent the transfer of
property acquired, developed, rehabilitated, or restored with funds
authorized pursuant to Section 5907 from the applicant to a public
agency, provided the successor public agency assumes the obligations
imposed by those agreements.
   (b)  (1)   If the use of the property acquired
through grants pursuant to this division is changed to one other than
permitted under the category from which the funds were appropriated,
or the property is sold or otherwise disposed of, an amount equal to
the  (1)   (A)  amount of the grant,
 (2)   (B)  the fair market value of the
real property, or  (3)   (C)  the proceeds
from the portion thereof, acquired, developed, rehabilitated, or
restored with the grant shall be used by the grantee, subject to
subdivision (a), for a purpose authorized in that category or shall
be reimbursed to the fund and be available for appropriation only for
a use authorized in that category. 
    If 
    (2)     If  the property sold or
otherwise disposed of is less than the entire interest in the
property originally acquired, developed, rehabilitated, or restored
with the grant, an amount equal to the proceeds or the fair market
value of the property interest sold or otherwise disposed of,
whichever is greater, shall be used by the grantee, subject to
subdivision (a) of this section, for a purpose authorized in that
category or shall be reimbursed to the fund and be available for
appropriation only for a use authorized in that category. 
   (c) To implement the agreements made pursuant to paragraph (1) of
subdivision (a), the grantee or its successors in interest shall
record, or shall require the recording of, a conservation easement on
the property acquired, developed, rehabilitated, or restored with
the state funds authorized under Section 5907. The conservation
easement shall be recorded in accordance with Section 815.5 of the
Civil Code at the time that the property is acquired, developed,
rehabilitated, or restored and, in the case of properties previously
acquired, developed, rehabilitated, or restored with the funds
authorized under Section 5907, on or before April 1, 2011. The
conservation easement shall provide both of the following:  

   (1) That the real property will be maintained and operated in
perpetuity consistent with the requirements of Chapter 4 (commencing
with Section 815) of Division 2 of Part 2 of Title 2 of the Civil
Code, only for the purposes set forth in this division, and no other
use, sale, or other disposition of the real property shall be made
except as authorized by specific act of the Legislature.  
   (2) That the grantee, a subsequent transferee or assignee of the
grantee, the administering agency, the granting agency, the state,
and the holder of the conservation easement shall have standing as
interested parties and as third-party beneficiaries to enforce the
terms of the easement and to seek the appropriate relief for either
actual or threatened violations of the terms of the easement,
including injunctive relief, specific performance of the terms of the
easement, and all of the rights and remedies set forth in Chapter 5
(commencing with Section 815) of Title 2 of Part 2 of Division 2 of
the Civil Code. 
  SEC. 2.  Section 1 of this act is an amendment to the California
Wildlife, Coastal, and Park Land Conservation Act (Division 5.8
(commencing with Section 5900) of the Public Resources Code) within
the meaning of Section 6 of that act, and is consistent with the
purpose of that act.