Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Ano Nuevo, and Butano State Parks, as specified, and would provide additional requirements for the acquisition of fee title or any lesser right or interest in real property by the department with respect to property acquired for Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Ano Nuevo, and Butano State Parks, as specified, and would provide additional requirements for any the acquisition of land or other real property fee title or any lesser right or interest in real property by the department with respect to property acquired for Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Ano Nuevo, and Butano State Parks, as specified. specified, and would provide additional requirements for any acquisition of land or other real property by the department with respect to property acquired for Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill bill, until January 1, 2030, would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Ano Nuevo, and Butano State Parks, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill would additionally exempt from that requirement property acquired by the department for Big Basin Redwoods, Ano Nuevo, and Butano State Parks by the department. Parks, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Basin Redwoods, Ano Nuevo, and Butano State Parks.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified. Existing law authorizes the department to acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, that the department deems necessary or proper for the extension, improvement, or development of the state park system. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill would state the intent of the Legislature to enact subsequent legislation relating to land acquisitions by the department. additionally exempt from that requirement property acquired for Big Basin Redwoods, Ano Nuevo, and Butano State Parks by the department.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires that all land and other real property to be acquired by or for any state agency be acquired by the State Public Works Board, except as specified.

This bill would state the intent of the Legislature to enact subsequent legislation relating to land acquisitions by the department.

GOVERNOR'S VETO

GV Bill Id:AB 2103

Author:(Pellerin)

As Enrolled Ver:August 29, 2024

2/3 vote

SUMMARY

Authorizes the Department of Parks and Recreation (State Parks), rather than through the State Public Works Board (SPWB), to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, and would provide for additional requirements when doing so, until January 1, 2030.

For property acquired by State Parks for Big Basin Redwoods, Año Nuevo, and Butano State Parks, both of the following apply:

1. The purchase price for the land and other real property acquired by State Parks shall not exceed the fair market value of the property, as specified.
2. The fair market value of the property acquired shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services (DGS).
3. Requires an appraisal and appraisal review before purchase negotiations.
4. Requires all contracts related to the acquisitions to be reviewed and approved by DGS.
5. Requires State Parks to provide written notice of its intent to acquire the property and requires State Parks to hold a public hearing if requested, as specified.

Governor's Veto Message

"This bill would authorize [State Parks], until January 1, 2030, to purchase real property for Big Basin Redwoods, Año Nuevo, and Butano state parks, without [SPWB's] review. In addition, this bill would require [State Parks] to comply with new public hearing requirements for acquisitions related to those state park units.

While the intent of this bill is to streamline [State Park's] acquisition process for park units impacted by the CZU Lightning Fire Complex, its public hearing requirements may slow the acquisition process and would significantly increase [State Park's] cost.

In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

For this reason, I cannot sign this bill."

COMMENTS

There are 280 park units (beaches, historic sites, museums, off-highway vehicle recreation areas, parks, etc.), over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 5,200 miles of trails in the state park system. Millions of people visit the California state park system annually. The Santa Cruz State Parks District contains numerous State Parks and State Beaches, including Big Basin Redwoods, Butano, and Año Nuevo state parks. Big Basin Redwoods State Park is the oldest state park in California. The lands known today as Big Basin were originally the homelands of the Quiroste and Cotoni tribes, ancestral relatives of today's Amah Mutsun Tribal Band and the Muwekma Ohlone Tribe.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres, and a few structures are destroyed. However the CZU Fire was unusually extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. 97% of Big Basin was lost including the park visitors' center, lodge, staff homes, and other buildings. Within two years, with the help of many partners, the Big Basin partially reopened to the public on July 21, 2022.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process has included public events and activities to hear from partners, stakeholders and the community to assess the priorities for rebuilding. The Reimagining Big Basin Vision (Vision) highlights themes that emerged from the public process, including forest resiliency and how to be inclusive to California's diverse population as park facilities are reestablished. The Vision outlines a reimagined park that will be different from the Big Basin the public remembers, with facilities and services established outside of the old growth redwoods and areas with sensitive resources. Access will be improved for alternative modes of transportation, including a shuttle to reduce congestion and increase non-automotive access to the park. According to the Vision, "The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region."

Land Acquisitions by the state. For direct acquisitions of real property by most state agencies, statute provides an approval role for both DGS and SPWB. First, with few exceptions, every contract for the acquisition of real property entered into by or on behalf of the state must be approved by the Director of DGS. Second, as a general rule, both real property site selection and acquisitions made by state agencies must also be approved by SPWB (which is staffed by DGS for this purpose), unless the acquiring agency is exempt from the SPWB process. Before site selection or acquisitions are approved by SPWB, they reviewed and approved by DGS, again as a matter of practice, rather than because of an explicit statutory requirement.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks' authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

According to the Author

"Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation, and often purchase properties with the intention to ultimately transfer ownership of the lands to State Parks. Over the past several years, [State Parks] has partnered with various conservation organizations in the Santa Cruz Mountains region to evaluate land parcels near Big Basin Redwoods, Butano, and Año Nuevo State Parks for acquisition. However, as it stands, these partners often lack certainty that the lands they acquire will be purchased or accepted as a donation by [State Parks] in a timely manner, leaving the partner entities in a vulnerable position, as they must continue to own and manage the lands in the meantime."

"[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the [SPWB] process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes."

Arguments in Support

Several groups write in support of this bill stating that partners to State Parks "lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner," because of delays in the SPWB process. "State Parks are required to go through the [SPWB] twice: once for site selection and once for acquisition. This has contributed to delays and increased costs to State Parks, who appears before the [SPWB] the most out of all resource agencies. This often leaves these organizations in a vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time. [This bill] will address this problem by streamlining the acquisition process specifically for the fulfillment of the [Vision], providing confidence in timely land transfers from acquisition partners to the [State Parks] for land parcels that State Parks agrees to acquire."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill has "ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to fee title or any lesser right or interest in real property, as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold."

VOTES

ASM WATER, PARKS, AND WILDLIFE: 12-0-3

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Gallagher, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 65-1-14

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Bauer-Kahan

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Dixon, Essayli, Vince Fong, Friedman, Gallagher, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas

SENATE FLOOR: 32-1-7

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Jones

ABS, ABST OR NV: Dahle, Grove, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ASSEMBLY FLOOR: 72-1-6

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Davies, Dixon, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Bauer-Kahan

ABS, ABST OR NV: Cervantes, Chen, Megan Dahle, Essayli, Lackey, Ortega

UPDATED

VERSION: August 29, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0005110

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2103

Author:(Pellerin)

As Amended Ver:August 15, 2024

Majority vote

SUMMARY

Authorizes the Department of Parks and Recreation (State Parks), rather than through the State Public Works Board (SPWB), to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, and would provide for additional requirements when doing so, until January 1, 2030.

Senate Amendments

1. Requires an appraisal and appraisal review before purchase negotiations.
2. Requires all contracts related to the acquisitions to be reviewed and approved by the Department of General Services (DGS).
3. Requires State Parks to provide written notice of its intent to acquire the property and requires State Parks to hold a public hearing if requested, as specified.
4. Makes technical changes.

COMMENTS

There are 280 park units (beaches, historic sites, museums, off-highway vehicle recreation areas, parks, etc.), over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 5,200 miles of trails in the state park system. Millions of people visit the California state park system annually. The Santa Cruz State Parks District contains numerous State Parks and State Beaches, including Big Basin Redwoods, Butano, and Año Nuevo state parks. Big Basin Redwoods State Park is the oldest state park in California. The lands known today as Big Basin were originally the homelands of the Quiroste and Cotoni tribes, ancestral relatives of today's Amah Mutsun Tribal Band and the Muwekma Ohlone Tribe.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres, and a few structures are destroyed. However the CZU Fire was unusually extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. 97% of Big Basin was lost including the park visitors' center, lodge, staff homes, and other buildings. Within two years, with the help of many partners, the Big Basin partially reopened to the public on July 21, 2022.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process has included public events and activities to hear from partners, stakeholders and the community to assess the priorities for rebuilding. The Reimagining Big Basin Vision (Vision) highlights themes that emerged from the public process, including forest resiliency and how to be inclusive to California's diverse population as park facilities are reestablished. The Vision outlines a reimagined park that will be different from the Big Basin the public remembers, with facilities and services established outside of the old growth redwoods and areas with sensitive resources. Access will be improved for alternative modes of transportation, including a shuttle to reduce congestion and increase non-automotive access to the park. According to the Vision, "The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region."

Land Acquisitions by the state. For direct acquisitions of real property by most state agencies, statute provides an approval role for both DGS and SPWB. First, with few exceptions, every contract for the acquisition of real property entered into by or on behalf of the state must be approved by the Director of DGS. Second, as a general rule, both real property site selection and acquisitions made by state agencies must also be approved by SPWB (which is staffed by DGS for this purpose), unless the acquiring agency is exempt from the SPWB process. Before site selection or acquisitions are approved by SPWB, they reviewed and approved by DGS, again as a matter of practice, rather than because of an explicit statutory requirement.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks' authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

According to the Author

"Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation, and often purchase properties with the intention to ultimately transfer ownership of the lands to State Parks. Over the past several years, [State Parks] has partnered with various conservation organizations in the Santa Cruz Mountains region to evaluate land parcels near Big Basin Redwoods, Butano, and Año Nuevo State Parks for acquisition. However, as it stands, these partners often lack certainty that the lands they acquire will be purchased or accepted as a donation by [State Parks] in a timely manner, leaving the partner entities in a vulnerable position, as they must continue to own and manage the lands in the meantime."

"[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the [SPWB] process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes."

Arguments in Support

Several groups write in support of this bill stating that partners to State Parks "lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner," because of delays in the SPWB process. "State Parks are required to go through the [SPWB] twice: once for site selection and once for acquisition. This has contributed to delays and increased costs to State Parks, who appears before the [SPWB] the most out of all resource agencies. This often leaves these organizations in a vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time. [This bill] will address this problem by streamlining the acquisition process specifically for the fulfillment of the [Vision], providing confidence in timely land transfers from acquisition partners to the [State Parks] for land parcels that State Parks agrees to acquire."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill has "ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to fee title or any lesser right or interest in real property, as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold."

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 12-0-3

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Gallagher, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 65-1-14

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Bauer-Kahan

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Dixon, Essayli, Vince Fong, Friedman, Gallagher, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas

SENATE FLOOR: 32-1-7

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Jones

ABS, ABST OR NV: Dahle, Grove, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

UPDATED

VERSION: August 15, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004723

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2103

Author:(Pellerin)

As Amended Ver:August 15, 2024

Majority vote

SUMMARY

Authorizes the Department of Parks and Recreation (State Parks), rather than through the State Public Works Board (SPWB), to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, and would provide for additional requirements when doing so, until January 1, 2030.

Senate Amendments

1. Requires an appraisal and appraisal review before purchase negotiations.
2. Requires all contracts related to the acquisitions to be reviewed and approved by the Department of General Services (DGS).
3. Requires State Parks to provide written notice of its intent to acquire the property and requires State Parks to hold a public hearing if requested, as specified.
4. Makes technical changes.

COMMENTS

There are 280 park units (beaches, historic sites, museums, off-highway vehicle recreation areas, parks, etc.), over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 5,200 miles of trails in the state park system. Millions of people visit the California state park system annually. The Santa Cruz State Parks District contains numerous State Parks and State Beaches, including Big Basin Redwoods, Butano, and Año Nuevo state parks. Big Basin Redwoods State Park is the oldest state park in California. The lands known today as Big Basin were originally the homelands of the Quiroste and Cotoni tribes, ancestral relatives of today's Amah Mutsun Tribal Band and the Muwekma Ohlone Tribe.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres, and a few structures are destroyed. However the CZU Fire was unusually extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. 97% of Big Basin was lost including the park visitors' center, lodge, staff homes, and other buildings. Within two years, with the help of many partners, the Big Basin partially reopened to the public on July 21, 2022.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process has included public events and activities to hear from partners, stakeholders and the community to assess the priorities for rebuilding. The Reimagining Big Basin Vision (Vision) highlights themes that emerged from the public process, including forest resiliency and how to be inclusive to California's diverse population as park facilities are reestablished. The Vision outlines a reimagined park that will be different from the Big Basin the public remembers, with facilities and services established outside of the old growth redwoods and areas with sensitive resources. Access will be improved for alternative modes of transportation, including a shuttle to reduce congestion and increase non-automotive access to the park. According to the Vision, "The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region."

Land Acquisitions by the state. For direct acquisitions of real property by most state agencies, statute provides an approval role for both DGS and SPWB. First, with few exceptions, every contract for the acquisition of real property entered into by or on behalf of the state must be approved by the Director of DGS. Second, as a general rule, both real property site selection and acquisitions made by state agencies must also be approved by SPWB (which is staffed by DGS for this purpose), unless the acquiring agency is exempt from the SPWB process. Before site selection or acquisitions are approved by SPWB, they reviewed and approved by DGS, again as a matter of practice, rather than because of an explicit statutory requirement.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks' authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

According to the Author

"Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation, and often purchase properties with the intention to ultimately transfer ownership of the lands to State Parks. Over the past several years, [State Parks] has partnered with various conservation organizations in the Santa Cruz Mountains region to evaluate land parcels near Big Basin Redwoods, Butano, and Año Nuevo State Parks for acquisition. However, as it stands, these partners often lack certainty that the lands they acquire will be purchased or accepted as a donation by [State Parks] in a timely manner, leaving the partner entities in a vulnerable position, as they must continue to own and manage the lands in the meantime."

"[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the [SPWB] process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes."

Arguments in Support

Several groups write in support of this bill stating that partners to State Parks "lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner," because of delays in the SPWB process. "State Parks are required to go through the [SPWB] twice: once for site selection and once for acquisition. This has contributed to delays and increased costs to State Parks, who appears before the [SPWB] the most out of all resource agencies. This often leaves these organizations in a vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time. [This bill] will address this problem by streamlining the acquisition process specifically for the fulfillment of the [Vision], providing confidence in timely land transfers from acquisition partners to the [State Parks] for land parcels that State Parks agrees to acquire."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill has "ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to fee title or any lesser right or interest in real property, as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold."

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 12-0-3

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Gallagher, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 65-1-14

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Bauer-Kahan

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Dixon, Essayli, Vince Fong, Friedman, Gallagher, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas

UPDATED

VERSION: August 15, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004723

 THIRD READING  

Bill No: AB 2103

Author: Pellerin (D), et al.

Amended: 8/15/24 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/17/24

AYES: Min, Allen, Dahle, Grove, Hurtado, Laird, Limón, Padilla, Stern

NO VOTE RECORDED: Seyarto, Eggman

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/15/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones

NO VOTE RECORDED: Seyarto

ASSEMBLY FLOOR: 65-1, 5/22/24 - See last page for vote

SUBJECT: Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks: real property acquisition

SOURCE: Sempervirens Fund

DIGEST:

This bill authorizes, Until January 1, 2030, the Department of Parks and Recreation (State Parks or the department) to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, rather than acquire the land or real property through the State Public Works Board (SPWB).

ANALYSIS:

Existing law:

1. Establishes the Property Acquisition Law, which, with limited exception, vests the SPWB with authority to acquire land and other real property for other state agencies. (Government Code (GOV) §§15850 et seq.)
2. Makes, for the purpose of hearing and deciding matters related to the acquisition of properties or construction of projects for any department, office, or other unit under the jurisdiction of the California Natural Resources Agency (CNRA), the CNRA Secretary a member of the SPWB. (GOV §15570)
3. Establishes State Parks within CNRA. Vests State Parks with control of the state park system. State Parks is responsible for administering, protecting, developing, and interpreting the state park system for the use and enjoyment of the public, protecting this system from damage, and preserving the peace. (Public Resources Code (PRC) §§501, 5001, 5003, and 5008)
4. Authorizes State Parks, with the Department of Finance’s (DOF’s) consent and subject to the Property Acquisition Law, to acquire title to or any interest in real property, which the department deems necessary or proper for the extension, improvement, or development of the state park system.
   1. Authorizes the department to appraise and select real property for potential acquisition of, and addition to, the state park system. Requires the Department of General Services (DGS) to review and approve all appraisals conducted by the department before purchase negotiations commence.
   2. Authorizes the department to select real property it has appraised, submit purchase offers, and negotiate a purchase agreement with the owner or owners of the property. Requires DGS to review and approve all contracts related to the acquisition of real property by the department. PRC §5006.
5. Requires State Parks to submit funding requests to administer the department’s acquisition program through the Governor’s Budget for properties that the department has selected and appraised. The Governor’s Budget must contain a separate description of each project, or acquisition program and its appraised value, or funding allocation. (PRC §5006)
6. Establishes notice and hearing requirements that State Parks must meet before entering into any purchase agreements for the acquisition of real property in excess of $500,000. (PRC §5006.1)
7. Directs the SPWB to acquire, on behalf of and for State Parks, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the department, as specified. (GOV §15853)
8. Authorizes State Parks to receive and accept any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property, including water rights, roads, trails, rights-of-way, buildings, facilities, and other improvements, to be added to or used in connection with the state park system. (PRC §5005)

This bill:

1. Until January 1, 2030, as it relates to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, exempts State Parks from the requirement that the SPWB acquire all land and other real property for the department. Further, requires:
   1. The purchase price for the land and other real property not exceed the fair market value of the property, as defined.
   2. A licensed real estate appraiser to prepare an appraisal to set forth the fair market value of the property, which DGS must approve.
   3. The real property to be appraised and an appraisal review completed before commencement of any purchasing negotiations.
   4. All contracts related to the acquisition of real property to be reviewed and approved by DGS, as specified.
   5. Not less than 90 days from the date of acquisition, State Parks to do all of the following:
      1. Provide written notice, as specified, of its intent to acquire the real property to specified entities.
      2. Hold a public hearing within the county or counties that the proposed acquisition is located where members of the public may comment on the proposed acquisition if the hearing is requested by certain entities, as specified. Require State Parks to notice the hearing, as specified.
      3. Provide an opportunity for the public to provide written comment on the proposed acquisition.
2. Specifies that this bill does not exempt State Parks from complying with all other applicable laws and regulations.
3. Makes findings and declarations, including the need for a special statute and that the key objectives of the bill are to streamline the process of transferring high-priority lands to State Parks to fulfill specified goals among Big Basin, Butano, and Año Nuevo State Parks.
4. Makes other nonsubstantial changes.

Background

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process included public events and activities to solicit input from partners, stakeholders, and the community to assess priorities for rebuilding. The Reimagining Big Basin Vision (Vision) outlines a reimagined park with facilities and services located outside of the old growth redwoods and areas with sensitive resources. Alternative modes of transportation would improve access to the park, including a shuttle, which could reduce congestion and the number of cars entering the park. According to the Vision, “The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region.”

Land acquisitions by the state. With limited exception, the Property Acquisition Law vests the SPWB with authority to acquire land and real property on behalf of state agencies. Specifically, the selection and acquisition of land or real property requires the SPWB’s approval. It is worth noting that if the acquisition is for property for CNRA or its departments or other units, the CNRA Secretary serves as a member of the SPWB. The Department of General Services (DGS), which staffs SPWB, also plays a role, reviewing the site selection and acquisition process. Further, any contract for the acquisition of real property by the state requires the approval of the DGS Director.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks’ authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance (DOF) and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

Comments

Concerns with the SPWB process. Concerns with the SPWB process for acquiring land for State Parks or other conservation purposes is not new. AB 2497 (Laird, Chapter 462, Statutes of 2006) directed the CNRA Secretary and the DOF Director to convene a workgroup to evaluate and develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the SPWB’s jurisdiction.

According to an Assembly floor analysis of AB 2455 (Laird, 2008, discussed below), the resulting AB 2497 report notes that the two-step approval process of the SPWB contributes to delays and increased costs to State Parks, who appears before SPWB more than any other resource agency. The report identified several options requiring legislative action, including expanding SPWB membership, establishing a new State Parks-related acquisition board, and creating a new resources conservation board to consider all state resources land acquisitions and set statewide acquisition priorities. The workgroup did not reach consensus on the options requiring legislative action.

AB 2455 (Laird, 2008) would have authorized State Parks to acquire real property, subject to the review and approval of a proposed State Parks Preservation Board. The Governor vetoed this bill noting that the administration at the time was implementing the actions identified in the AB 2497 report that did not require legislative action and that the Legislature should give this process time to play out before considering additional legislation.

The sponsor, Sempervirens Fund, provided a recent example of how acquisitions for State Parks can get delayed through the existing process. Sempervirens partnered with State Parks in May 2019 to acquire a property to eventually add to Castle Rock State Park. The two parties in 2020 then agreed to include another five properties in this eventual exchange, known as the “Castle Rock Six Pack.” The SPWB approved site selection for the six properties in 2022, which allowed State Parks to enter into a formal property acquisition agreement with Sempervirens. According to the sponsor, there were numerous delays following the approval of the site selection, with the SPWB not placing the approval of the transfer of the properties on its agenda for another 13 months, despite State Parks and Sempervirens continually checking in. The SPWB finally approved acquisition of the properties in May 2023. According to the sponsor, delays occurred during this multi-year process in part due to hold-ups with the SPWB and DGS. State Parks had little to no control over this part of the land sale process and often was not kept apprised of the status of the project. State Parks had to constantly follow up with these two departments to keep things moving.

While there can be delays in the SPWB process, it is worth noting that there are many reasons for these delays, including factors that are not within SPWB’s control. For example, incomplete applications or applications that do not meet certain standards, for an appraisal for example, would slow the process. It is worth noting that the Legislature established the Property Acquisition Law to create uniformity in the state’s land acquisition process, provide checks on individual state agencies, and incorporate multiple layers of review and due diligence to ensure the state’s acquisition of lands is responsible. The Property Acquisition Law also includes a public process in these proceedings, providing a forum for the public to weigh in and comment on potential acquisitions. Finally, the Property Acquisition Law already provides some streamlining for State Parks compared to other state agencies by creating a process that is unique to State Parks.

That said, the Legislature has found it necessary to exempt some state agencies from the SPWB’s process, including the Department of Water Resources (DWR), the Central Valley Flood Protection Board, the Department of Fish and Wildlife (CDFW), and the Wildlife Conservation Board (WCB), as well as the State Lands Commission and the State Coastal Conservancy in certain instances. WCB may authorize acquisition of real property and authorize CDFW to acquire property. Before authorizing the purchase of any land, however, WCB must notify all the adjoining landowners of the property proposed for acquisition and include an explanation of the proposed use of the land. Also, the purchase price for the property cannot exceed the fair market value of the property, which must be established by a licensed appraiser and approved by DGS.

This bill would allow State Parks to acquire real property for Big Basin Redwoods, Año Nuevo, and Butano state parks on its own behalf instead of through the SPWB acquisition process. This bill includes requirements regarding the purchase price of any properties proposed for acquisition by State Parks (e.g. that it cannot exceed fair market value), and that a licensed appraiser must prepare the appraisal, which DGS must approve. This bill also includes requirements for public hearings and comment.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, Ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to fee title or any lesser right or interest in real property, as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold.

SUPPORT: (Verified 8/15/24)

Sempervirens Fund (source)

California Association of Professional Scientists

California Central Coast Legislative Caucus

California State Parks Foundation

County of Santa Cruz

Land Trust of Santa Cruz County

Midpeninsula Regional Open Space District

Save the Redwoods League

OPPOSITION: (Verified 8/15/24)

None received

ARGUMENTS IN SUPPORT: According to the author, “Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation, and often purchase properties with the intention to ultimately transfer ownership of the lands to State Parks. Over the past several years, the Department has partnered with various conservation organizations in the Santa Cruz Mountains region to evaluate land parcels near Big Basin Redwoods, Butano, and Año Nuevo State Parks for acquisition. However, as it stands, these partners often lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner, leaving the partner entities in a vulnerable position, as they must continue to own and manage the lands in the meantime.”

“AB 2103 will help provide certainty of timely land transfer from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the [SPWB] process. AB 2103 will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes.”

ASSEMBLY FLOOR: 65-1, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Bauer-Kahan

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Dixon, Essayli, Vince Fong, Friedman, Gallagher, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

8/18/24 17:50:02

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2103 (Pellerin) - Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks: real property acquisition

Bill Summary:

Until January 1, 2030, this bill would authorize the Department of Parks and Recreation (State Parks), rather than through the State Public Works Board (SPWB), to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Park, and would provide for additional requirements when doing so.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

• Ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to fee title or any lesser right or interest in real property, as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold.

Author Amendments:

The author amendments would require State Parks to hold a public meeting only upon request by a member of the city council or board of supervisors of the respective city or county or by a Member of the Legislature within whose district the property proposed for acquisition is located. Requests must be made within 30 days of receiving written notice of the proposed acquisition, and within 30 days of the request State Parks must hold a public hearing within the county where the proposed acquisition is located where interested members of the public may comment.

Author amendments would also provide requirements for the acquisition of fee title or any lesser right or interest in real property rather than for “land or other real property.” Finally, these amendments would strike a provision added by the Senate Natural Resources and Water Committee providing that nothing in the section shall exempt State Parks from complying with all other applicable laws and regulations.

Committee Amendments:

The committee amendment would reject the author amendment to strike the Senate Natural Resources and Water Committee provision, and would maintain that nothing in the section exempts State Parks from compliance with all other applicable laws and regulations.

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2103 (Pellerin) - Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks: real property acquisition

Bill Summary:

Until January 1, 2030, this bill would authorize the Department of Parks and Recreation (State Parks), rather than through the State Public Works Board (SPWB), to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Park, and would provide for additional requirements when doing so.

Fiscal Impact:

• Ongoing costs until January 1, 2030, likely in the upper tens or hundreds of thousands of dollars annually (General Fund), for State Parks to meet the requirements of this bill to acquire land or real property as specified. State Parks estimates costs of $12,000 per day to hold public meetings, which includes travel and overnight accommodations for State Parks personnel as well as streaming services to allow for remote public participation and comment. Therefore, holding public meetings for 5 or more days would result in costs exceeding the Suspense threshold.

Background:

State Parks’ mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. With 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, 5,200 miles of trails, 3,195 historic buildings, and more than 11,000 known prehistoric and historic archaeological sites, the department contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. More than 68 million people annually visit California’s state park system.

Big Basin Redwoods State Park. Established in 1902, Big Basin Redwoods is California’s oldest state park. The park is located in the heart of the Santa Cruz Mountains and hosts the largest continuous stand of ancient coast redwoods south of San Francisco. On August 18, 2020, the CZU Lightning Complex Fire swept through 97% of the park's property. The fire destroyed all historic structures and radically changed the landscape. The park now looks very different from before, but it is steadily recovering. Most of the old-growth redwood trees survived, new plant life is vigorously growing, and many animals have returned to the area. The Reimagining Big Basin project is managing the multi-year process of rebuilding park facilities and infrastructure.

Año Nuevo State Park. Located 55 miles south of San Francisco and 20 miles north of Santa Cruz, this park is one of the largest mainland breeding colonies in the world for the northern elephant seal. Up to 10,000 elephant seals return every year to the area to breed and give birth. The physical terrain is distinctive, with coastal terrace prairie, wetland marshes, dune fields, and coastal scrub hosting a high diversity of plants and animals, including the rare and endangered San Francisco Garter Snake and California Red-legged Frog. A Natural Preserve in the park protects the elephant seals, otters, sea lions, coyotes, cormorants, terns, and more. Nocturnal bobcats, mountain lions, foxes, weasels, bats, and black-tailed deer also occur here, and the area is situated along a major bird migratory route. Native plants and an untouched intertidal ecosystem also find shelter inside the Natural Preserve.

Butano State Park. This park was created in 1957 to protect California’s coast redwoods from logging. The park hosts second- and third growth-redwood trees and features 40 miles of hiking trails that wind through over 4,000 acres of canyons and uplands. Scattered throughout are patches of oak woodland, wet riparian, and sunny chaparral ecosystems. The San Mateo Resource Conservation District, in collaboration with State Parks and the Department of Forestry and Fire Protection (CalFire), are implementing a forest health project within the park to promote biodiversity, improve forest health, and reduce the risk of high intensity fire. The project will treat more than 400 acres using mechanical mastication, understory hand thinning, and thinning of Douglas-fir trees.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres. However, the CZU Fire was extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. The CZU Fire began with a lightning event in the early morning of August 16, 2020, that ignited multiple fires in Santa Cruz and San Mateo counties. The separate fires quickly merged and rapidly spread across the North Coast and Bonny Doon areas and into the San Lorenzo Valley, leading to the evacuation of over 70,000 people. The fire was fully contained on September 22, 2020, after burning a total of 86,509 acres and destroying over 1,400 structures, 900 of which were residences. One life was lost. Monetary damages have been estimated at $340 million, including approximately $30 million of damage to public infrastructure. Ninety-seven percent of Big Basin burned, including the park visitors’ center, lodge, staff homes, and other buildings. With the help of many partners, Big Basin partially reopened to the public on July 21, 2022.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process included public events and activities to solicit input from partners, stakeholders, and the community to assess priorities for rebuilding. The Reimagining Big Basin Vision (Vision) outlines a reimagined park with facilities and services located outside of the old growth redwoods and areas with sensitive resources. Alternative modes of transportation would improve access to the park, including a shuttle, which could reduce congestion and the number of cars entering the park. According to the Vision, “The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region.”

Land acquisitions by the state. With limited exception, the Property Acquisition Law vests the SPWB with authority to acquire land and real property on behalf of state agencies. Specifically, the selection and acquisition of land or real property requires the SPWB’s approval. The Department of General Services (DGS), which staffs SPWB, also plays a role, reviewing the site selection and acquisition process. Further, any contract for the acquisition of real property by the state requires the approval of the DGS Director.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks’ authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance (DOF) and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

Proposed Law:

Until January 1, 2030, this bill would authorize State Parks to acquire land or real property, rather than acquire through the SPWB, for Big Basin Redwoods, Año Nuevo, and Butano State Park, as specified. Specifically, this bill would:

Until January 1, 2030, as it relates to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks:

1. Exempt State Parks from the requirement that the SPWB acquire all land and other real property for the department.
2. Require the purchase price for the land and other real property not exceed the fair market value of the property, as defined.
3. Require an appraisal set forth the fair market value of the property, which a licensed real estate appraiser must prepare and DGS must approve.
4. Require all contracts related to the acquisition of real property to be reviewed and approved by DGS.
5. Require State Parks, as early as possible in the acquisition process, but not less than 90 days from the date of acquisition, to do all of the following:
   1. Provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the relevant budget and policy committees of the Legislature, and the members of the Legislature within whose district the property proposed for acquisition is located.
      1. The written notice of intent shall describe any potential impact that the acquisition may have on the Department of Parks and Recreation’s efforts to provide park and recreational opportunities.
   2. Hold a public hearing within the county or counties that the proposed acquisition is located where interested members of the public may comment on the proposed acquisition.
      1. Notice of the hearing shall be posted on the Department of Parks and Recreation’s internet website at least 30 days before the public hearing and shall be published at least twice in a newspaper of general circulation within the county or counties. The notice shall describe any potential impact that the acquisition may have on the Department of Parks and Recreation’s efforts to provide park and recreational opportunities.
   3. Provide an opportunity for the public to provide written comment on the proposed acquisition.

Related Legislation:

AB 566 (Pellerin, 2023) would have authorized State Parks to enter into an agreement with an eligible entity to permanently protect lands in or for the state park system and to acquire land on its own behalf. This bill failed to meet the House of Origin deadline.

SB 1167 (Allen, 2022) would have exempted acquisitions of land or other real property for the state park system from the requirement that the SPWB acquire the land if certain conditions were met, including that State Parks had determined that the land or property would not require additional state resource to manage, among others. This bill was not heard in Assembly Water, Parks, and Wildlife Committee.

AB 727 (Maze, 2007) would have removed the authority of DWR and WCB to acquire land or real property without the SPWB and removed DWR’s authority to use the power of eminent domain. This bill failed to pass the Assembly Business and Professions Committee.

AB 2455 (Laird, 2008) would have authorized State Parks to acquire real property, subject to the review and approval of a proposed State Parks Preservation Board. The Governor vetoed this bill.

AB 2497 (Laird, Chapter 462, Statutes of 2006) required the CNRA Secretary and DOF Director to jointly convene a workgroup to evaluate and develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the jurisdiction of the SPWB.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB Hearing Date: June 17, 2024

Subject: Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks

SUMMARY

Until January 1, 2030, this bill would authorize the Department of Parks and Recreation (State Parks or the department) to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, rather than acquire the land or real property through the State Public Works Board (SPWB).

BACKGROUND AND EXISTING LAW

State Parks. State Parks’ mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. With 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, 5,200 miles of trails, 3,195 historic buildings, and more than 11,000 known prehistoric and historic archaeological sites, the department contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. More than 68 million people annually visit California’s state park system.

Big Basin Redwoods State Park. Established in 1902, Big Basin Redwoods is California’s oldest state park. The park is located in the heart of the Santa Cruz Mountains and hosts the largest continuous stand of ancient coast redwoods south of San Francisco. On August 18, 2020, the CZU Lightning Complex Fire swept through 97% of the park's property. The fire destroyed all historic structures and radically changed the landscape. The park now looks very different from before, but it is steadily recovering. Most of the old-growth redwood trees survived, new plant life is vigorously growing, and many animals have returned to the area. The Reimagining Big Basin project is managing the multi-year process of rebuilding park facilities and infrastructure.

Año Nuevo State Park. Located 55 miles south of San Francisco and 20 miles north of Santa Cruz, this park is one of the largest mainland breeding colonies in the world for the northern elephant seal. Up to 10,000 elephant seals return every year to the area to breed and give birth. The physical terrain is distinctive, with coastal terrace prairie, wetland marshes, dune fields, and coastal scrub hosting a high diversity of plants and animals, including the rare and endangered San Francisco Garter Snake and California Red-legged Frog. A Natural Preserve in the park protects the elephant seals, otters, sea lions, coyotes, cormorants, terns, and more. Nocturnal bobcats, mountain lions, foxes, weasels, bats, and black-tailed deer also occur here, and the area is situated along a major bird migratory route. Native plants and an untouched intertidal ecosystem also find shelter inside the Natural Preserve.

Butano State Park. This park was created in 1957 to protect California’s coast redwoods from logging. The park hosts second- and third growth-redwood trees and features 40 miles of hiking trails that wind through over 4,000 acres of canyons and uplands. Scattered throughout are patches of oak woodland, wet riparian, and sunny chaparral ecosystems. The San Mateo Resource Conservation District, in collaboration with State Parks and the Department of Forestry and Fire Protection (CalFire), are implementing a forest health project within the park to promote biodiversity, improve forest health, and reduce the risk of high intensity fire. The project will treat more than 400 acres using mechanical mastication, understory hand thinning, and thinning of Douglas-fir trees.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres. However, the CZU Fire was extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. The CZU Fire began with a lightning event in the early morning of August 16, 2020, that ignited multiple fires in Santa Cruz and San Mateo counties. The separate fires quickly merged and rapidly spread across the North Coast and Bonny Doon areas and into the San Lorenzo Valley, leading to the evacuation of over 70,000 people. The fire was fully contained on September 22, 2020, after burning a total of 86,509 acres and destroying over 1,400 structures, 900 of which were residences. One life was lost. Monetary damages have been estimated at $340 million, including approximately $30 million of damage to public infrastructure.^[1] Ninety-seven percent of Big Basin burned, including the park visitors’ center, lodge, staff homes, and other buildings. With the help of many partners, Big Basin partially reopened to the public on July 21, 2022.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process included public events and activities to solicit input from partners, stakeholders, and the community to assess priorities for rebuilding. The Reimagining Big Basin Vision (Vision) outlines a reimagined park with facilities and services located outside of the old growth redwoods and areas with sensitive resources. Alternative modes of transportation would improve access to the park, including a shuttle, which could reduce congestion and the number of cars entering the park. According to the Vision, “The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region.”

Land acquisitions by the state. With limited exception, the Property Acquisition Law vests the SPWB with authority to acquire land and real property on behalf of state agencies. Specifically, the selection and acquisition of land or real property requires the SPWB’s approval. The Department of General Services (DGS), which staffs SPWB, also plays a role, reviewing the site selection and acquisition process. Further, any contract for the acquisition of real property by the state requires the approval of the DGS Director.

Land acquisitions for State Parks. The Property Acquisition Law and State Parks’ authorizing statutes provide a unique process for the acquisition of land and property for the state park system. In particular, State Parks, with the consent of the Department of Finance (DOF) and subject to the Property Acquisition Law, may acquire real property for the extension, improvement, or development of the state park system. Under this process, State Parks may select and appraise property for acquisition, but the appraisal and contract for acquisition requires DGS review and approval. The SPWB is responsible for acquiring any interests in real property, which have been appraised, selected, and settled through purchase negotiations by State Parks.

Existing law:

1. Establishes the Property Acquisition Law, which, with limited exception, vests the SPWB with authority to acquire land and other real property for other state agencies. Government Code (GOV) §§15850 et seq.
2. Establishes State Parks within the California Natural Resources Agency (CNRA). Vests State Parks with control of the state park system. State Parks is responsible for administering, protecting, developing, and interpreting the state park system for the use and enjoyment of the public, protecting this system from damage, and preserving the peace. Public Resources Code (PRC) §§501, 5001, 5003, and 5008.
3. Authorizes State Parks, with DOF’s consent and subject to the Property Acquisition Law, to acquire title to or any interest in real property, which the department deems necessary or proper for the extension, improvement, or development of the state park system.
   1. Authorizes the department to appraise and select real property for potential acquisition of, and addition to, the state park system. Requires DGS to review and approve all appraisals conducted by the department before purchase negotiations commence.
   2. Authorizes the department to select real property it has appraised, submit purchase offers, and negotiate a purchase agreement with the owner or owners of the property. Requires DGS to review and approve all contracts related to the acquisition of real property by the department. PRC §5006.
4. Requires State Parks to submit funding requests to administer the department’s acquisition program through the Governor’s Budget for properties that the department has selected and appraised. The Governor’s Budget must contain a separate description of each project, or acquisition program and its appraised value, or funding allocation. PRC §5006.
5. Establishes notice and hearing requirements that State Parks must meet before entering into any purchase agreements for the acquisition of real property in excess of $500,000. PRC §5006.1.
6. Directs the SPWB to acquire, on behalf of and for State Parks, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the department, as specified. GOV §15853.
7. Authorizes State Parks to receive and accept any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property, including water rights, roads, trails, rights-of-way, buildings, facilities, and other improvements, to be added to or used in connection with the state park system. PRC §5005.

PROPOSED LAW

Until January 1, 2030, this bill would authorize State Parks to acquire land or real property for Big Basin Redwoods, Año Nuevo, and Butano State Parks, rather than acquire the land or real property through SPWB. Specifically, this bill would:

1. Until January 1, 2030, as it relates to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks:
   1. Exempt State Parks from the requirement that the SPWB acquire all land and other real property for the department.
   2. Require the purchase price for the land and other real property not exceed the fair market value of the property, as defined.
   3. Require an appraisal set forth the fair market value of the property, which a licensed real estate appraiser must prepare and DGS must approve.
2. Make findings and declarations, including the need for a special statute and that the key objectives of the bill are to streamline the process of transferring high-priority lands to State Parks to fulfill specified goals among Big Basin, Butano, and Año Nuevo State Parks.
3. Make other nonsubstantial changes.

ARGUMENTS IN SUPPORT

According to the author, “Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation, and often purchase properties with the intention to ultimately transfer ownership of the lands to State Parks. Over the past several years, the Department has partnered with various conservation organizations in the Santa Cruz Mountains region to evaluate land parcels near Big Basin Redwoods, Butano, and Año Nuevo State Parks for acquisition. However, as it stands, these partners often lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner, leaving the partner entities in a vulnerable position, as they must continue to own and manage the lands in the meantime.”

“AB 2103 will help provide certainty of timely land transfer from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the [SPWB] process. AB 2103 will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes.”

According to a coalition of supporters, “Following the 2020 CZU Lightning Complex Wildfire, which burned across the entirety of Big Basin Redwoods State Park and portions of surrounding parks, State Parks initiated a planning process to reimagine the future of Big Basin and the surrounding impacted parks. This effort produced a vision for rebuilding and expanding the park, strengthening landscape connectivity, improving forest health, and enhancing climate resiliency between Big Basin Redwoods and surrounding state parks in the Santa Cruz state parks district.”

“Since developing this vision, State Parks has partnered with conservation organizations in the Santa Cruz Mountains region to identify and protect land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Año Nuevo State Parks that are essential to realizing the Reimagining Big Basin vision. These partner organizations, which include conservation nonprofits and tribal governments, are essential to acquiring these high priority lands and purchase properties with the intention, and shared goal with the [State Parks], to ultimately transfer ownership of the lands to the State Parks.”

“However, due to delays in the current [SPWB] process for approving land acquisitions, partner entities lack certainty that the lands they acquire will be purchased or accepted as a donation by the [State Parks] in a timely manner. State Parks are required to go through the PWB twice: once for site selection and once for acquisition. This has contributed to delays and increased costs to State Parks, who appears before the PWB the most out of all resource agencies. This often leaves these organizations in a vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time.”

“AB 2103 will address this problem by streamlining the acquisition process specifically for the fulfillment of the Reimagining Big Basin vision, providing confidence in timely land transfers from acquisition partners to the [State Parks] for land parcels that State Parks agrees to acquire.”

According to the County of Santa Cruz, “AB 2103 aligns with Santa Cruz County's strategic objectives related to outdoor experience, natural resource protection, and climate change resilience. As outlined in our strategic plan, ensuring access to and enhancing experiences in parks, protecting and restoring natural resources, and increasing resilience to climate change impacts are among our top priorities. By advocating for measures that facilitate land acquisitions for state parks impacted by natural disasters, we reaffirm our commitment to environmental conservation and park restoration.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Concerns with the SPWB process. Concerns with the SPWB process for acquiring land for State Parks or other conservation purposes is not new. AB 2497 (Laird, Chapter 462, Statutes of 2006) directed the CNRA Secretary and the DOF Director to convene a workgroup to evaluate and develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the SPWB’s jurisdiction.

According to an Assembly floor analysis of AB 2455 (Laird, 2008, discussed below), the resulting AB 2497 report notes that the two-step approval process of the SPWB contributes to delays and increased costs to State Parks, who appears before SPWB more than any other resource agency. The report identified several options requiring legislative action, including expanding SPWB membership, establishing a new State Parks-related acquisition board, and creating a new resources conservation board to consider all state resources land acquisitions and set statewide acquisition priorities. The workgroup did not reach consensus on the options requiring legislative action.

AB 2455 (Laird, 2008) would have authorized State Parks to acquire real property, subject to the review and approval of a proposed State Parks Preservation Board. The Governor vetoed this bill noting that the administration at the time was implementing the actions identified in the AB 2497 report that did not require legislative action and that the Legislature should give this process time to play out before considering additional legislation.

The sponsor, Sempervirens Fund, provided a recent example of how acquisitions for State Parks can get delayed through the existing process. Sempervirens partnered with State Parks in May 2019 to acquire a property to eventually add to Castle Rock State Park. The two parties in 2020 then agreed to include another five properties in this eventual exchange, known as the “Castle Rock Six Pack.” The SPWB approved site selection for the six properties in 2022, which allowed State Parks to enter into a formal property acquisition agreement with Sempervirens. According to the sponsor, there were numerous delays following the approval of the site selection, with the SPWB not placing the approval of the transfer of the properties on its agenda for another 13 months, despite State Parks and Sempervirens continually checking in. The SPWB finally approved acquisition of the properties in May 2023. According to the sponsor, delays occurred during this multi-year process in part due to hold-ups with the SPWB and DGS. State Parks had little to no control over this part of the land sale process and often was not kept apprised of the status of the project. State Parks had to constantly follow up with these two departments to keep things moving.

This bill would allow State Parks to acquire real property for Big Basin Redwoods, Año Nuevo, and Butano state parks on its own behalf instead of through the SPWB acquisition process.

Committee amendments. While there can be delays in the SPWB process, it is worth noting that there are many reasons for these delays, including factors that are not within SPWB’s control. For example, incomplete applications or applications that do not meet certain standards, for an appraisal for example, would slow the process. It is worth noting that the Legislature established the Property Acquisition Law to create uniformity in the state’s land acquisition process, provide checks on individual state agencies, and incorporate multiple layers of review and due diligence to ensure the state’s acquisition of lands is responsible. The Property Acquisition Law also includes a public process in these proceedings, providing a forum for the public to weigh in and comment on potential acquisitions. Finally, the Property Acquisition Law already provides some streamlining for State Parks compared to other state agencies by creating a process that is unique to State Parks.

That said, the Legislature has found it necessary to exempt some state agencies from the SPWB’s process, including the Department of Water Resources (DWR), the Central Valley Flood Protection Board, the Department of Fish and Wildlife (CDFW), and the Wildlife Conservation Board (WCB), as well as the State Lands Commission and the State Coastal Conservancy in certain instances. WCB may authorize acquisition of real property and authorize CDFW to acquire property. Before authorizing the purchase of any land, however, WCB must notify all the adjoining landowners of the property proposed for acquisition and include an explanation of the proposed use of the land. Also, the purchase price for the property cannot exceed the fair market value of the property, which must be established by a licensed appraiser and approved by DGS.

This bill includes requirements regarding the purchase price of any properties proposed for acquisition by State Parks (e.g. that it cannot exceed fair market value), and that a licensed appraiser must prepare the appraisal, which DGS must approve. The bill does not include, however, any requirements for public notice or opportunities for public comment. The bill also includes language that would imply the department’s acquisition process is exempt from any other laws. Should the bill move forward, the Committee may wish to consider amending the bill to address these issues. [See Amendment 1]

Related legislation.

AB 566 (Pellerin, 2023) would have authorized State Parks to enter into an agreement with an eligible entity to permanently protect lands in or for the state park system and to acquire land on its own behalf. This bill failed to meet the House of Origin deadline.

SB 1167 (Allen, 2022) would have exempted acquisitions of land or other real property for the state park system from the requirement that the SPWB acquire the land if certain conditions were met, including that State Parks had determined that the land or property would not require additional state resource to manage, among others. This bill was not heard in Assembly Water, Parks, and Wildlife Committee.

AB 727 (Maze, 2007) would have removed the authority of DWR and WCB to acquire land or real property without the SPWB and removed DWR’s authority to use the power of eminent domain. This bill failed to pass the Assembly Business and Professions Committee.

AB 2455 (Laird, 2008) would have authorized State Parks to acquire real property, subject to the review and approval of a proposed State Parks Preservation Board. The Governor vetoed this bill.

AB 2497 (Laird, Chapter 462, Statutes of 2006) required the CNRA Secretary and DOF Director to jointly convene a workgroup to evaluate and develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the jurisdiction of the SPWB.

SUGGESTED AMENDMENTS

AMENDMENT 1

Amend GOV §15853.1 as follows:

15853.1. (a) Notwithstanding any other law, for acquisitions For any acquisition of land or other real property by the Department of Parks and Recreation with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to subdivision (c) of Section 15853, both all of the following apply:

(1) The purchase price for the land and other real property acquired by the Department of Parks and Recreation pursuant to subdivision (c) of Section 15853 shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure.

(2) The fair market value of the property acquired pursuant to paragraph (1) shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services.

(3) Real property shall be appraised and appraisal review completed before commencement of purchasing negotiations.

(4) All contracts related to the acquisition of real property shall be reviewed and approved by the Department of General Services pursuant to Section 11005 of the Government Code.

(5) As early as possible in the acquisition process, but not less than 90 days from the date of acquisition, the department shall do all of the following:

(A)(i) Provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to relevant budget and policy committees of the Legislature, and the legislators within whose district the property proposed for acquisition is located

(ii)The written notice of intent shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.

(B)(i) Hold a public hearing within the county or counties in which the proposed acquisition is located during which interested members of the public may comment on the proposed acquisition.

(ii) Notice of the hearing shall be posted on the department’s Internet website at least 30 days before the public hearing. The notice shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.

(C) Provide an opportunity for the public to provide written comment on the proposed acquisition.

(b) Nothing in this section shall exempt the department from complying with all other applicable laws and regulations.

(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SUPPORT

Sempervirens Fund (sponsor)

California Association of Professional Scientists

California State Parks Foundation

County of Santa Cruz

Land Trust of Santa Cruz County

Midpeninsula Regional Open Space District

Save the Redwoods League

OPPOSITION

None Received

-- END --

1. County of Santa Cruz. July 2021. “Local Hazard Mitigation Plan 2021–2026,” ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2103

Author:(Pellerin)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Exempts property acquired by the Department of Parks and Recreation (State Parks) for Big Basin Redwoods, Año Nuevo, and Butano State Parks from the requirement that all land and other real property to be acquired by or for any state agency, except as specified, be acquired by the State Public Works Board (SPWB) until January 1, 2030.

Major Provisions

For property acquired by State Parks for Big Basin Redwoods, Año Nuevo, and Butano State Parks, both of the following apply:

1. The purchase price for the land and other real property acquired by State Parks shall not exceed the fair market value of the property, as specified.
2. The fair market value of the property acquired pursuant to 1), above, shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services (DGS).

COMMENTS

In 2020, the CZU Lightening Fire Complex burned more than 86,000 acres in the Santa Cruz Mountains, almost the entirety of Big Basin Redwoods State Park, and portions of surrounding parks. Following the fire, State Parks initiated a planning effort called "Reimagining Big Basin." As detailed in a coalition support letter for this bill, State Parks has partnered with conservation organizations in the Santa Cruz Mountains region to identify and protect land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Año Nuevo State Parks that are essential to realizing the Reimagining Big Basin vision. These partner organizations, which include conservation nonprofits and tribal governments, have been essential to acquiring these high priority lands "with the intention, and shared goal with [State Parks] to ultimately transfer ownership of the lands to the State Parks."

Land acquisitions by the state. For direct acquisitions of real property by most state agencies, statute provides an approval role for both DGS and SPWB. First, with few exceptions, every contract for the acquisition of real property entered into by or on behalf of the state must be approved by the Director of DGS. Second, as a general rule, both real property site selection and acquisitions made by state agencies must also be approved by SPWB (which is staffed by DGS for this purpose), unless the acquiring agency is exempt from the SPWB process. Before site selection or acquisitions are approved by SPWB, they are reviewed and approved by DGS, again as a matter of practice, rather than because of an explicit statutory requirement. For land acquir­ing agencies outside of the SPWB process, statute sometimes explicitly requires DGS to review and approve an appraisal, such as in the case of acquisitions made by Wildlife Conservation Board (Fish and Game Code Section 1348.2).

Challenges. A 2007 Legislative Analyst's Office report identified various challenges that state agencies face when conducting appraisals for purposes of making land acquisitions for resource conservation, including the lack of recent sales of comparable property, resolution of land use and environmental permitting issues, and the "one of a kind" resource values that are integrally related to the public interest in the property. Over the years, there have been numerous efforts to try and improve the efficiency of state resource land acquisition transactions for state entities that are subject to the jurisdiction of SPWB.

According to the Author

"[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Park] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the Public Works Board process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes."

Arguments in Support

The Sempervirens Fund (sponsor), other regional land trusts, and the California State Parks Foundation write in support of the efficiency this bill enables for the acquisition of property for the three state parks. They observe the critical role of partnering conservation organizations in swiftly purchasing land that is intended to be transferred to State Parks. However, these partners often find themselves in a "vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time." This bill will provide additional assurances by "streamlining the acquisition process, specifically for the fulfillment of the Reimagining Big Basin vision, providing confidence in timely land transfers from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, to the extent that exempting the acquisition of property by State Parks from the SPWB process results in increased costs to the state, these costs would likely be borne by the General Fund through January 1, 2030.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 12-0-3

YES: Papan, Addis, Alanis, Alvarez, Bennett, Bonta, Davies, Hart, Luz Rivas, Schiavo, Villapudua, Weber

ABS, ABST OR NV: Mathis, Gallagher, Garcia

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0003333

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2103

Author:(Pellerin) – As Amended Ver:April 24, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill exempts property acquired by the Department of Parks and Recreation (State Parks) for Big Basin Redwoods, Año Nuevo, and Butano State Parks from the requirement that all land and other real property to be acquired by or for any state agency, except as specified, be acquired by the State Public Works Board (SPWB).

This bill also provides that for acquisitions by State Parks with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, both of the following apply:

1) The purchase price for the land and other real property acquired by State Parks shall not exceed the fair market value of the property, as specified.

2) The fair market value of the property acquired pursuant to 1, above, shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services (DGS).

FISCAL EFFECT:

To the extent that exempting the acquisition of property by State Parks from the SPWB process results in increased costs to the state, these costs would likely be borne by the General Fund. See below for more details. According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1) Purpose. According to the author:

[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Park] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the Public Works Board process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes.

2) Background. In 2020, the CZU Lightening Fire Complex burned more than 86,000 acres in the Santa Cruz Mountains, almost the entirety of Big Basin Redwoods State Park, and portions of surrounding parks. Following the fire, State Parks initiated a planning effort called “Reimagining Big Basin.” As detailed in a coalition support letter for this bill, State Parks has partnered with conservation organizations in the Santa Cruz Mountains region to identify and protect land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Año Nuevo State Parks that are essential to realizing the Reimagining Big Basin vision. These partner organizations, which include conservation nonprofits and tribal governments, have been essential to acquiring these high priority lands “with the intention, and shared goal with the Department, to ultimately transfer ownership of the lands to the State Parks.”

For direct acquisitions of real property by most state agencies, current law provides an approval role for both DGS and SPWB. This bill authorizes State Parks to acquire property for Big Basin Redwoods, Año Nuevo, and Butano state parks on its own behalf, exempting it from the current SPWB process – which is designed to ensure, among other things, that the proposed site is suitable for the project’s purpose and will not result in increased project costs, the site can be acquired within available funds and is in accordance with the intent of the Legislature, and the price paid for the property is fully supported by an appraisal.

The support coalition contends:

Due to delays in the current Public Works Board process for approving land acquisitions, partner entities lack certainty that the lands they acquire will be purchased or accepted as a donation by the Department in a timely manner. State Parks are required to go through the PWB twice: once for site selection and once for acquisition. This has contributed to delays and increased costs to State Parks, who appears before the PWB the most out of all resource agencies. This often leaves these organizations in a vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time.

A 2007 Legislative Analyst’s Office report identified various challenges that state agencies face when conducting appraisals for purposes of making land acquisitions for resource conservation, including the lack of recent sales of comparable property, resolution of land use and environmental permitting issues, and the “one of a kind” resource values that are integrally related to the public interest in the property. Over the years, there have been numerous efforts to try and improve the efficiency of state resource land acquisition transactions for state entities that are subject to the jurisdiction of SPWB. This bill streamlines the acquisition process specifically for the fulfillment of the Reimagining Big Basin vision.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

ABPCA Bill Id:AB 2103 (

Author:Pellerin) – As Amended Ver:March 4, 2024

SUBJECT: Department of Parks and Recreation: Big Basin Redwoods, Año Nuevo, and Butano State Parks

SUMMARY: Allows the Department of Parks and Recreation (State Parks) to acquire real property for Big Basin Redwoods, Año Nuevo, and Butano state parks on its own behalf.

EXISTING LAW:

1. Establishes the California state park system and vests State Parks with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public [Public Resource Code (PRC) § 5001 et seq.].
2. Allows State Parks to receive and accept any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property, including water rights, roads, trails, rights-of-way, buildings, facilities, and other improvements, to be added to or used in connection with the state park system (PRC § 5005).
3. Declares that it is vital to ensure public confidence in amounts paid, and procedures used, for the acquisition of property by state agencies that spend taxpayer or bond funds and that it is important to ensure that an acquisition agency act expeditiously to purchase critically needed conservation lands for their preservation and protection (PRC § 5096.500).
4. Requires, among other things, that the Director of the Department of General Services (DGS) approve every contract for the acquisition of real property of the state, unless exempted by the Legislature (Government Code § 11005).
5. Provides that State Parks, with the consent of the Department of Finance, may acquire the title to or any interest in real property that State Parks deems necessary or proper for the extension, improvement, or development of the state park system. All real and personal property acquired by State Parks for the state park system shall be under the jurisdiction of State Parks immediately upon transfer of title to the state (PRC § 5006).
   1. Allows State Parks to perform their own property appraisals, use the Real Estate Services Division (RESD) of DGS, or contract with an independent appraiser to assist in property appraisals.
   2. Allows State Parks to select real property it has appraised and submit purchase offers and negotiate a purchase agreement with the owners(s) of the property and implement and process the purchase agreement and conveyance of title to the state. State Parks may use the RESD of DGS or contract with other state agencies to assist in negotiating purchase agreements and conveyance of title.
   3. Provides that, regardless of all other law, all appraisals conducted by State Parks shall be reviewed and approved by DGS or, at the discretion of DGS, a competent professional appraiser approved by DGS. Real property shall be appraised and appraisal review completed before commencement of purchasing negotiations.
6. Establishes the role of State Public Works Board (SPWB) to select and acquire, on behalf of the state and with the consent of the relevant state agency, the fee or any lesser right or interest in any real property necessary for any state purpose or function (Government Code § 15853).
   1. Requires that all land and other real property be acquired by SPWB on behalf of or for any state agency, except for the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources (DWR), the Central Valley Flood Protection Board, the Department of Fish and Wildlife (DFW), the Wildlife Conservation Board (WCB), and several others.
   2. Requires that SPWB shall acquire, on behalf of State Parks, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by State Parks.

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill allows State Parks to purchase real property for Big Basin Redwoods, Año Nuevo, and Butano state parks on its own behalf instead of through the SPWB acquisition process. According to the author, “[This bill] will help provide certainty of timely land transfer from acquisition partners to [State Park] for land parcels that State Parks agrees to acquire. Specifically, this bill would add property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks, to the list of exemptions from the Public Works Board process. [This bill] will allow State Parks to work with conservation organizations more effectively in order to speed up the land acquisition process and permanently protect lands for conservation, cultural, or recreational purposes.”
2. Background. There are 280 park units (beaches, historic sites, museums, off-highway vehicle recreation areas, parks, etc.), over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 5,200 miles of trails in the state park system. Millions of people visit the California state park system annually.

The Santa Cruz State Parks District contains numerous State Parks and State Beaches, including Big Basin Redwoods, Butano, and Año Nuevo state parks. Big Basin Redwoods State Park is the oldest state park in California. The lands known today as Big Basin were originally the homelands of the Quiroste and Cotoni tribes, ancestral relatives of today’s Amah Mutsun Tribal Band and the Muwekma Ohlone Tribe.

State Parks partnerships. Partnership is not new to State Parks. From their inception, California’s state parks were forged in partnership with community leaders and organizations. Among a collection of concession businesses, volunteers, and others supporting State Parks, nonprofits are invalu­able partners that amplify the reach of State Parks’ own community engagement efforts, foster ongoing connection to parks with added pro­gramming and events, leverage public invest­ments with additional sources of funding, and build onramps that increase park access to ever more Californians. Land transactions are a typical example, where the nonprofit secures a critical piece of wildlife corridor, watershed, or cultural resource to be later incorporated into the park system.

2020 CZU Lightning Complex Fire (CZU fire). Wildfires have always occurred in Santa Cruz County. Every few years, a wildfire burns from hundreds to a few thousand acres, and a few structures are destroyed. However the CZU Fire was unusually extreme. The fire burned more land in Santa Cruz County than had been burned by all wildfires in the county in the previous 70 years combined. The CZU Fire began with a lightning event in the early morning of August 16, 2020 that ignited multiple fires in Santa Cruz and San Mateo counties. The separate fires quickly merged and rapidly spread across the North Coast and Bonny Doon areas and into the San Lorenzo Valley causing the evacuation of over 70,000 people. The fire was fully contained on September 22, 2020 after burning a total of 86,509 acres. Over 1,400 structures were destroyed—900 of the destroyed structures were residences. One life was lost. Monetary damages have been estimated at $340 million including approximately $30 million of damage to public infrastructure.^[1] 97% of Big Basin was lost including the park visitors’ center, lodge, staff homes, and other buildings. Within two years, with the help of many partners, the Big Basin partially reopened to the public on July 21, 2022.

According to A study of nonprofit partnerships in California State Parks, the reopening of Big Basin was made possible by an extensive collaboration between State Parks, nonprofit organizations (Friends of Santa Cruz State Parks, Save the Redwoods League, Parks California, Sempervirens Fund, and Mountain Parks Foundation), a “reimagining project” advisory committee, and a volunteer trail crew. Friends of Santa Cruz State Parks, a nonprofit cooperating association that supports operations in 32 parks and beaches throughout the county, is operating visitor services such as the reservation system and interpretive programs at Big Basin during the recovery period.

Reimagining Big Basin. State Parks initiated the Reimagining Big Basin project in summer 2021 to begin the planning process for permanent park facilities in response to the CZU fire. This process has included public events and activities to hear from partners, stakeholders and the community to assess the priorities for rebuilding. The Reimagining Big Basin Vision (Vision) highlights themes that emerged from the public process, including forest resiliency and how to be inclusive to California’s diverse population as park facilities are reestablished. The Vision outlines a reimagined park that will be different from the Big Basin the public remembers, with facilities and services established outside of the old growth redwoods and areas with sensitive resources. Access will be improved for alternative modes of transportation, including a shuttle to reduce congestion and increase non-automotive access to the park. According to the Vision, “The CZU Lightning Complex Fire demonstrated the importance of planning at the landscape scale. … Coordination with adjacent landowners and managers and strategic acquisitions will strengthen wildlife corridors and habitat connectivity, trail connectivity, and the diversity of recreational experiences in the region.”

Land Acquisitions by the state. For direct acquisitions of real property by most state agencies, statute provides an approval role for both DGS and SPWB. First, with few exceptions, every contract for the acquisition of real property entered into by or on behalf of the state must be approved by the Director of DGS (see Existing Law #4). Second, as a general rule, both real property site selection and acquisitions made by state agencies must also be approved by SPWB (which is staffed by DGS for this purpose), unless the acquiring agency is exempt from the SPWB process (see Existing Law #6). Before site selection or acquisitions are approved by SPWB, they reviewed and approved by DGS, again as a matter of practice, rather than because of an explicit statutory requirement. For land acquir­ing agencies outside of the SPWB process, statute sometimes explicitly requires DGS to review and approve an appraisal, such as in the case of acquisitions made by WCB (Fish and Game Code § 1348.2).

Challenge of this process. Considering new methods for expeditious state land acquisition is not new. Much of this comes from the difficulty in assessing the value of conservation lands. In October 2007, the Legislative Analyst’s Office (LAO) released its report, "Improving the Appraisal Function in Resources Land Acquisitions," which focused specifically on the appraisals the state relies upon when making resource conservation land acquisitions by all agencies. The LAO report identified the challenges of determining the appropriate price governmental entities should pay for acquiring land for conservation purposes. A significant issue is that a principle of appraisal is to assess a property's value based on its highest and best economic uses (fair market value) over the noneconomic value of the uses of the property for which conservation acquisitions are typically made (public interest value). The LAO report identified various other external challenges that state agencies face when conducting appraisals for purposes of making land acquisitions for resource conservation, including the lack of recent sales of comparable property, resolution of land use and environmental permitting issues, and the “one of a kind” resource values that are integrally related to the public interest in the property.

Concerns with the SPWB process for acquiring conservation property were also in mind when the Legislature passed, and the Governor signed, AB 2497 (Laird), Chapter 462, Statutes of 2006, which requires the Secretary of the Resources Agency and the Department of Finance to jointly convene a workgroup consisting of representatives from specified state agencies and natural resource organizations to develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the jurisdiction of the SPWB. According to a committee analysis, the AB 2497 report notes that the two-step approval process of the SPWB contributed to delays and increased costs to State Parks, who appears before SPWB the most out of all resource agencies. The report discusses several options requiring legislative action, including expanding SPWB membership, establishing a new parks acquisition board, and creating a new resources conservation board where all state resources land acquisitions would be considered and statewide acquisition priorities set. The report notes that the workgroup did not reach consensus on this or other options requiring legislative action. The option of creating a separate parks acquisition board, similar to the WCB, was the option presented in AB 2455 (Laird) of 2008; AB 2455 was vetoed.

1. Policy considerations. This bill seeks to address a complicated challenge: how to promote expeditious acquisition of land for the public benefit and ensure appropriate oversight of these purchases (PRC § 5096.500). This bill streamlines the acquisition process by allowing State Parks to make property acquisitions towards Big Basin Redwoods, Año Nuevo, and Butano State Parks without going through SPWB. According to the 2022–23 California Five-Year Infrastructure Plan, State Park’s backlog of deferred maintenance is estimated at over $1 billion. This raises the question of how much the state should invest in new acquisitions when existing units have unmet operation and maintenance needs.

The tragedy of the CZU forest fire has opened a unique opportunity to “Reimaging Big Basin” and surrounding state parks. There does appear to be a genuine need to move swiftly in key parcel acquisitions to enable construction and connectivity in these parks to expedite the recovery of these parks.

1. Proposed committee amendments. As a State Parks exemption from the SPWB has not been previously granted, a sunset of this provision would provide a safe guard and allow the Legislature to understand the utility of providing this exemption as a case study. Additional safe guards in ensuring State Parks purchases the properties for fair market value may also be prudent. As such, the Committee may wish the author to accept these amendments:

Amendment 1– Amend Government Code § 15853:

(c) Notwithstanding any other law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources, the Central Valley Flood Protection Board, the Department of Fish and Wildlife, the Wildlife Conservation Board, the Department of Parks and Recreation with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to subdivision (g), the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Department of Housing and Community Development, the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, and the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of, and for the purposes of Chapter 10 (commencing with Section 31411) of Division 21 of, the Public Resources Code, shall be acquired by the State Public Works Board in accordance with this part.

Amendment 2 – Add subdivision (g):

(g) Notwithstanding subdivisions (a) and (d), for acquisitions by the Department of Parks and Recreation with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks in subdivision (c), the following applies:

(1) The purchase price for the land and other real property acquired by the Department of Parks and Recreation under subdivision (c) shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure.

(2) The fair market value shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services.

(3) This authority shall remain in effect only until January 1, 2030, and as of that date is repealed.

1. Arguments in support. The sponsor, other regional land trusts, and the California State Parks Foundation write in support of the efficiency this bill enables for the acquisition of property for the three state parks. They observe the critical role of partnering conservation organizations in swiftly purchasing land that is intended to be transferred to State Parks. However, these partners often find themselves in a “vulnerable position as they must continue to own and manage high-conservation-value lands for long periods of time.” This bill will provide additional assurances by “streamlining the acquisition process, specifically for the fulfillment of the Reimagining Big Basin vision, providing confidence in timely land transfers from acquisition partners to [State Parks] for land parcels that State Parks agrees to acquire.”
2. Related legislation. AB 566 (Pellerin) of 2023 would have authorized State Parks to enter into an agreement with an eligible entity to permanently protect lands in or for the state park system and to acquire land on its own behalf. AB 566 was held in Assembly Appropriations Committee.

SB 1167 (Allen) of 2022 would have exempted transactions for the purpose of the state parks system from the SPWB if the transaction met both conditions: (1) State Parks determined that it would not require additional state resource to manage the land or other real property and (2) a Phase I Environmental Site Assessment had been completed on the land and had no recognized environmental conditions identified. SB 1167 was held in Assembly Water, Parks, and Wildlife Committee.

AB 727 (Maze) of 2007 would have removed DWR’s and WCB’s authority to acquire real property outside of the SPWB and removed DWR’s ability to use the power of eminent domain. AB 727 died in Assembly Business and Professions Committee.

AB 2455 (Laird) of 2008 would have removed the SPWB as the entity designated to acquire property for State Parks, and instead created the State Parks Preservation Board (“board”), and would have required the board to review the State Parks recommendations, and, subject to authorization by the board, would have authorized State Parks to acquire real property or rights in real property, subject to certain additional requirements. AB 2455 was vetoed by the Governor.

AB 2497 (Laird) Chapter 462, Statutes of 2006, required the Secretary of the Resources Agency and the Director of Finance to jointly convene a workgroup consisting of representatives from specified state agencies and natural resource organizations to evaluate and develop options for improving the efficiency of state resource land acquisition transactions for those departments and conservancies subject to the jurisdiction of the SPWB and report findings to the Governor and Legislature. AB 2497 required the workgroup to address, at a minimum, issues raised by the California Performance Review in 2004 regarding the SPWB review and approval process for resource land acquisition.

REGISTERED SUPPORT / OPPOSITION:

Support

Sempervirens Fund (Sponsor)
California State Parks Foundation
Land Trust of Santa Cruz County
Midpeninsula Regional Open Space District
Save the Redwoods League

Opposition

None on file

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

1. County of Santa Cruz. July 2021. “Local Hazard Mitigation Plan 2021–2026,” ↑