Bill Text: CA SB256 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Parklands: City of Davis.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-04 - Chaptered by Secretary of State. Chapter 305, Statutes of 2023. [SB256 Detail]

Download: California-2023-SB256-Amended.html

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Amended  IN  Senate  April 12, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 256

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Introduced by Senator Dodd
(Principal coauthor: Assembly Member Aguiar-Curry)

January 30, 2023

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An act to add Section 5915.5 to the Public Resources Code, relating to parklands.

LEGISLATIVE COUNSEL'S DIGEST

SB 256, as amended, Dodd. Parklands: City of Davis.

The California Wildlife, Coastal, and Park Land Conservation Act (conservation act) authorizes grants to be made by the Department of Parks and Recreation to cities, counties, districts, and nonprofit organizations for specified purposes, including purposes related to parks. As part of the conservation act, the City of Davis was appropriated moneys for acquisition of, or for grants from the city to nonprofit organizations for acquisition of, wildlife and riparian habitat, wetlands, and potential wetlands within the 1987 Davis General Plan Study Area. The conservation act requires property acquired, developed, rehabilitated, or restored pursuant to the conservation act to be used only for purposes of the conservation act and prohibits any other use of the property, except as authorized by the Legislature.

This bill would authorize the City of Davis, on or under land acquired pursuant to the conservation act, to use Davis to convey conservation easements, leases, or licenses for carbon sequestration projects and to use conservation easements, leases, or licenses for purposes of specified habitat conservation projects. projects located on, the sequestration of carbon dioxide in the pore spaces in the geologic reservoir located below, and monitoring wells or any other equipment or facilities that are required by law for the geologic storage of carbon dioxide and that are located on, specified parcels acquired by the city with a grant made pursuant to the conservation act, as specified. The bill would require the city, in using the conveyance of these easements, leases, or licenses, to seek to maximize maintain the scenic, recreational, and wildlife values of the lands. real property.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 5915.5 is added to the Public Resources Code, to read:

5915.5.

 (a) For purposes of this section, the following definitions apply:

(1) “City” means the City of Davis.

(2) “Parcels” means the following parcels acquired by the city with a grant made pursuant to subparagraph (S) of paragraph (3) of subdivision (b) of Section 5907, as identified by the assessor of the County of Yolo:

(A) 033-260-004.

(B) 033-260-005.

(C) 033-260-010.

(D) 033-130-031.

(E) 033-130-052.

(F) 033-130-035.

(G) 033-130-037.

(H) 033-130-051.

(3) “Plan” means the “Yolo Habitat Conservation Plan/Natural Community Conservation Plan.”

(b) Notwithstanding paragraph (2) of subdivision (a) of Section 5919, the city may convey a conservation easement, lease, or license for any of the following purposes:

(1) A habitat conservation project that is consistent with the plan and located on a parcel.

(2) (A) The sequestration of carbon dioxide in the pore spaces in the geologic reservoir located below a parcel specified in subparagraph (F) to (H), inclusive, of paragraph (2) of subdivision (a).

(B) A monitoring well or any other equipment or facility that is required by federal, state, or local law for the geologic storage of carbon dioxide, as described in subparagraph (A), and that is located on a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).

(C) Subdivision (b) of Section 5919 applies to any change to the use of the surface of a parcel specified in subparagraphs (F) to (H), inclusive, of paragraph (2) of subdivision (a).

(c) In the conveyance of an easement, lease, or license pursuant to subdivision (b), the city shall maintain the scenic, recreational, and wildlife values of that real property.

(d) This section does not exempt the city or any other party from any law that would otherwise apply to the conveyance of a conservation easement, lease, or license pursuant to subdivision (b) or to a project or activity described in subdivision (b).

SECTION 1.

(a)For purposes of this section, the following terms apply:

(1)“City” means the City of Davis.

(2)“Conservation act” means the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).

(3)“Land” means land or portions of land acquired by the city with a grant made pursuant to subparagraph (S) of paragraph (3) of subdivision (b) of Section 5907 of the conservation act.

(4)“Plan” means the “Yolo Habitat Conservation Plan/Natural Community Conservation Plan.”

(b)The Legislature hereby finds and declares that the conveyance of easements, leases, or licenses to sequester carbon underground beneath the land for climate mitigation purposes, and the separate conveyance of conservation easements, leases, or licenses on the land to help satisfy certain habitat conservation requirements set forth in the plan, do not affect the character of the land as “natural lands” pursuant to paragraph (2) of subdivision (g) of Section 5902 of the Public Resources Code.

(c)Notwithstanding any agreement entered into pursuant to Section 5919 of the Public Resources Code, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the city may, on or under land acquired pursuant to the conservation act, use easements, leases, or licenses for carbon sequestration projects and use conservation easements, leases, or licenses for purposes of habitat conservation projects as established by the plan.

(d)In using easements, leases, or licenses pursuant to subdivision (c), the city shall seek to maximize the scenic, recreational, and wildlife values of these lands.