(1)The California Wildlife, Coastal, and Park Land Conservation Act, an initiative measure approved by the voters in the June 7, 1988, statewide primary election, provided bond funds for wildlife, coastal, and parkland conservation. The initiative measure may authorizes the act to be amended by a ²/₃ vote of the Legislature if the amendment is consistent with the purposes of the act. Existing law requires an applicant receiving state funds under the act to maintain any property acquired in perpetuity, as specified, and use the property only for the purposes stated in the act and to make no other use, sale, or other disposition of the property except as authorized by a specific act of the Legislature. Existing law authorizes the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds if it meets certain conditions.

Among those conditions, existing law requires the county to preserve all lands and conservation easements acquired or dedicated as authorized by the act in perpetuity for open-space conservation purposes or agricultural preservation, and specifies that open-space conservation includes community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat.

This bill would additionally authorize preservation of those lands or easements for park and recreational purposes, and would explicitly include, to the extent they are consistent with the purposes of the act, playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources as appropriate purposes.

(2)Existing law prohibits the county from selling, exchanging, or otherwise acquiring replacement land or conservation easements unless and until the board of supervisors for the county adopts a detailed land plan. Existing law requires the land plan to, among other things, identify each parcel of property acquired with grant funds and show which specific parcels the county will sell, exchange, purchase, or retain. Existing law required the land plan to be approved by the Department of Parks and Recreation, as specified. Existing law authorizes the county to propose a plan to the department for the expenditure of any unexpended proceeds from the sale or exchange of land under the land plan for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.

This bill would eliminate the explicit authorization and procedures specifically applicable to the expenditure of these unexpended proceeds.

Existing law authorizes the county to use all income generated from the properties it owns within the preserve that were purchased with grant funds, or that were acquired by exchange or purchase as authorized, except revenues from the sale or exchange of land, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of existing or replacement land within the preserve.

This bill would authorize the county to use the revenues from the sale or exchange of land for these purposes, and would specify new purposes for which that revenue, and all income generated from the properties the county owns within the preserve that were purchased with grant funds or that were acquired by exchange or purchase, may be used.

The bill would declare that these requirements are an amendment of the act within the meaning of Section 6 of the act and is consistent with the act.

Existing law prohibits an officer from doing certain acts to a record, map, book, or paper or proceeding of a court, filed or deposited in a public office, such as stealing, removing, destroying, or falsifying, among others. Existing law punishes these prohibited acts by imprisonment for 2, 3, or 4 years.

This bill would expand this prohibition to a social worker, their designee, and their supervisor.

Existing law provides that any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, willfully causes or permits the person or health of that child to be injured or endangered, is guilty of a crime.

This bill would clarify that any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child for the purposes of criminal liability.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 3182 (Lackey) - Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino

Bill Summary:

For the County of San Bernardino (county), this bill would expand the allowable uses of lands acquired with Proposition 70 funding from open-space and agricultural preservation purposes to include park and recreational purposes. This would include playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources as appropriate purposes. Further, this bill would allow the county to use revenues from the sale or exchange of lands acquired with Proposition 70 funding for improvements to any lands, within a specified area, that the county owns, has a conservation easement in or a deed restriction on, or leases from the federal government or a public entity for park, recreational, agricultural preservation, or open-space conservation purposes.

Fiscal Impact:

• One-time cost pressure (various funds) due to the expenditure of funds that otherwise might be returned to the Department of Parks and Recreation (State Parks) to be used for other purposes absent this bill. According to State Parks, the provisions of this bill do not align with the parameters of Proposition 70, which identifies the allowable uses of San Bernardino County’s grant award for conservation easements to retain land within the Chino Agricultural Preserve for natural, scenic, historical, agricultural, forested, or open-space purposes, in perpetuity. Pursuant to bond statute (PRC §5919), if the county is unable to identify an allowable use for the funds, those funds must be returned to the State Parks for reallocation.
• State Parks anticipates any costs for administration would be minor and absorbable within existing resources.

Background:

Proposition 70. In 1988, voters passed Proposition 70, also known as the California Wildlife, Coastal, and Park Land Conservation Act, approving $776 million in general obligation bonds to fund, among other purposes, the acquisition of parklands, wildlife habitat, coastal, and natural lands in California. Ballot arguments in favor of Proposition 70 argued, “Proposition 70 will protect California’s beautiful, natural, scenic and recreational lands for ourselves, our children and our grandchildren.” In addition, Proposition 70 “will provide permanent benefits to all Californians.”

Proposition 70 requires every applicant to agree to use any property acquired, developed, rehabilitated, or restored in a manner consistent with the bond’s purposes and to make no other use, sale, or other disposition of the property, unless authorized by a specific act of the Legislature. Further, if the Legislature grants a change in use for a property, the grantee must reimburse the state or fund another similar project, as specified, in order to keep Proposition 70 whole.

Since Proposition 70 became law, grantees have occasionally sought legislation to authorize additional uses of conserved properties, on a case-by-case basis. See, for example:

• SB 1264 (Peace, Chapter 231, Statutes of 1995)
• AB 2063 (Negrete McLeod. Chapter 377, Statutes of 2004)
• SB 1124 (Negrete-McLeod, Chapter 321, Statutes of 2010)
• SB 178 (Wieckowski, Chapter 458, Statutes of 2017)
• SB 256 (Dodd, Chapter 305, Statutes of 2023)

State Parks’ Proposition 70 grant to the county. Proposition 70 allocated $20 million to the county, via a grant from the Department of Parks and Recreation (State Parks), to acquire land primarily through the use of conservation easements within the Chino Agricultural Preserve. This preserve encompasses 14,000-acres south of the city of Ontario, and includes property surrounding the Chino airport. Throughout the 1990’s, the county used Proposition 70 funds to purchase, lease, and manage nine operating dairies consisting of approximately 366.55 acres, of which 165.3 acres are located in the City of Chino and the remaining 201.25 acres are located in the City of Ontario. The county acquired these lands to protect their agricultural uses, leasing them to dairy farmers. However, as other urban development occurred around these isolated properties, the farmers ultimately did not renew their leases, leaving them unused for agricultural purposes.

The county began to consider a new use for the lands – to provide park and recreation opportunities, which is still generally consistent with Proposition 70’s overarching purposes. However, this required the Legislature’s approval. Further, the protected lands were generally isolated from one another, making it difficult to use them effectively for park purposes. Ideally, the county would sell the isolated, protected lands and acquire a contiguous block of new lands with the proceeds from the sale for park purposes. This, also, required the Legislature’s approval.

SB 1124 (Negrete-McLeod, Chapter 321, Statutes of 2010) addressed these issues by authorizing the county to sell or exchange the properties acquired with funding from Proposition 70 if the county purchased replacement property within the Chino Agricultural Preserve for “agricultural preservation, including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open-space conservation purposes.”

Following passage of SB 1124, in 2014, the county exchanged 104.73 acres of dairy land for $6,364,000 and 271.66 acres of replacement land contiguous to Prado Regional Park in the City of Chino. The county sold the remaining 60.57 acres of dairy land in Chino for $15,335,000 in 2016. According to the county, it has purchased a total of 472.91 acres of replacement land in the Chino Agricultural Preserve, of which 271 acres are adjacent to Prado Regional Park, and still has several additional parcels it will sell.

Prado Regional Park is a 2,200-acre recreation facility and open space preserve near the Santa Ana River. This park, which is owned by the U.S. Army Corps of Engineers, but managed by the county, offers outdoor recreation opportunities, including fishing, camping, hiking, biking and nature trails. The park also has a splash pad, a playground, picnic facilities, a horseshoe pit, archery and shooting ranges, and opportunities for golf, disc golf, and boating and water sports.

Proposed Law:

This bill would:

1. Expand the allowable use of lands and conservation easements acquired or dedicated in the Chino Agricultural Preserve with funding from Proposition 70 to include park or recreational purposes, which may include, to the extent consistent with Proposition 70’s purposes, playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources.
2. Include deed restrictions in the land plan adopted by the county that shows the existing and proposed disposition of lands purchased by the county in the Chino Agricultural Preserve with funds from Proposition 70.
3. Eliminate a provision allowing the county to propose a plan, if there are unexpended proceeds from the sales or exchanges of land under the land plan, to State Parks for the expenditure of the unexpended proceeds for the acquisition of land, easements, or capital improvements to those lands.
4. Authorize the county to use (1) revenues from the sale or exchange of land acquired with funding from Proposition 70 and (2) all income generated from lands the county acquired with Proposition 70 for the improvement, operation, and maintenance of any land that the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity within the Chino Agricultural Preserve.
5. Provide that Section 1 of this bill is an amendment to Proposition 70 within the meaning of Section 6 of that act requiring a 2/3 vote of the Legislature, and is consistent with the purpose of that act.

Related Legislation:

SB 1124 (Negrete McLeod, Chapter 321, Statutes of 2010) authorizes the county to exchange lands purchased with state park bond funds if the county meets certain requirements relating to conservation easements and deed restrictions on lands retained, sold and acquired. This bill repealed Chapter 377, Statutes of 2004.

AB 2063 (Negrete McLeod, Chapter 377, Statutes of 2004) authorized the county to sell property acquired with Proposition 70 funds if certain conditions were met, including that the proceeds from the sale were used to acquire replacement land within Chino Agricultural Preserve and there was no net loss of acreage or habitat value as a result of the exchange, among others.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB 3182 Hearing Date: June 17, 2024

Subject: Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino

SUMMARY

For the County of San Bernardino (county), this bill would expand the allowable uses of lands acquired with Proposition 70 funding from open-space and agricultural preservation purposes to include park and recreational purposes. This would include playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources as appropriate purposes. Further, this bill would allow the county to use revenues from the sale or exchange of lands acquired with Proposition 70 funding for improvements to any lands, within a specified area, that the county owns, has a conservation easement in or a deed restriction on, or leases from the federal government or a public entity for park, recreational, agricultural preservation, or open-space conservation purposes.

BACKGROUND AND EXISTING LAW

Proposition 70. In 1988, voters passed Proposition 70, also known as the California Wildlife, Coastal, and Park Land Conservation Act, approving $776 million in general obligation bonds to fund, among other purposes, the acquisition of parklands, wildlife habitat, coastal, and natural lands in California. Ballot arguments in favor of Proposition 70 argued, “Proposition 70 will protect California’s beautiful, natural, scenic and recreational lands for ourselves, our children and our grandchildren.” In addition, Proposition 70 “will provide permanent benefits to all Californians.”

Proposition 70 requires every applicant to agree to use any property acquired, developed, rehabilitated, or restored in a manner consistent with the bond’s purposes and to make no other use, sale, or other disposition of the property, unless authorized by a specific act of the Legislature. Further, if the Legislature grants a change in use for a property, the grantee must reimburse the state or fund another similar project, as specified, in order to keep Proposition 70 whole.

Since Proposition 70 became law, grantees have occasionally sought legislation to authorize additional uses of conserved properties, on a case-by-case basis. See, for example:

• SB 1264 (Peace, Chapter 231, Statutes of 1995)
• AB 2063 (Negrete McLeod. Chapter 377, Statutes of 2004)
• SB 1124 (Negrete-McLeod, Chapter 321, Statutes of 2010)
• SB 178 (Wieckowski, Chapter 458, Statutes of 2017)
• SB 256 (Dodd, Chapter 305, Statutes of 2023)

State Parks’ Proposition 70 grant to the county. Proposition 70 allocated $20 million to the county, via a grant from the Department of Parks and Recreation (State Parks), to acquire land primarily through the use of conservation easements within the Chino Agricultural Preserve. This preserve encompasses 14,000-acres south of the city of Ontario, and includes property surrounding the Chino airport. Throughout the 1990’s, the county used Proposition 70 funds to purchase, lease, and manage nine operating dairies consisting of approximately 366.55 acres, of which 165.3 acres are located in the City of Chino and the remaining 201.25 acres are located in the City of Ontario. The county acquired these lands to protect their agricultural uses, leasing them to dairy farmers. However, as other urban development occurred around these isolated properties, the farmers ultimately did not renew their leases, leaving them unused for agricultural purposes.

The county began to consider a new use for the lands – to provide park and recreation opportunities, which is still generally consistent with Proposition 70’s overarching purposes. However, this required the Legislature’s approval. Further, the protected lands were generally isolated from one another, making it difficult to use them effectively for park purposes. Ideally, the county would sell the isolated, protected lands and acquire a contiguous block of new lands with the proceeds from the sale for park purposes. This, also, required the Legislature’s approval.

SB 1124 (Negrete-McLeod, Chapter 321, Statutes of 2010) addressed these issues by authorizing the county to sell or exchange the properties acquired with funding from Proposition 70 if the county purchased replacement property within the Chino Agricultural Preserve for “agricultural preservation, including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open-space conservation purposes.”

Following passage of SB 1124, in 2014, the county exchanged 104.73 acres of dairy land for $6,364,000 and 271.66 acres of replacement land contiguous to Prado Regional Park in the City of Chino. The county sold the remaining 60.57 acres of dairy land in Chino for $15,335,000 in 2016. According to the county, it has purchased a total of 472.91 acres of replacement land in the Chino Agricultural Preserve, of which 271 acres are adjacent to Prado Regional Park, and still has several additional parcels it will sell.

Prado Regional Park is a 2,200-acre recreation facility and open space preserve near the Santa Ana River. This park, which is owned by the U.S. Army Corps of Engineers, but managed by the county, offers outdoor recreation opportunities, including fishing, camping, hiking, biking and nature trails. The park also has a splash pad, a playground, picnic facilities, a horseshoe pit, archery and shooting ranges, and opportunities for golf, disc golf, and boating and water sports.

Existing law:

1. Establishes the California Wildlife, Coastal, and Park Land Conservation Act, approved by the voters via Proposition 70 on June 7, 1988. Public Resources Code (PRC) §§5900 et seq..
2. Proposition 70 requires an applicant/grantee to:
   1. Maintain and operate property acquired, developed, rehabilitated, or restored with Proposition 70 funds in perpetuity. PRC §5919(a)(1).
   2. Use the property only for the purposes of Proposition 70 and make no other use, sale, or other disposition of the property except as authorized by specific act of the Legislature. PRC §5919(a)(2).
   3. Reimburse the funds or provide compensatory mitigation, as specified, if the grantee changes the use of the property or a portion of the property, as specified. PRC §5919(b).
3. Proposition 70 made $20 million available to State Parks for a grant to the county for acquisition of land primarily through the use of conservation easements within the Chino Agricultural Preserve. PRC §5907(b)(3)(F).
4. Chapter 321 of the Statutes of 2010 authorizes the county to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with Proposition 70 funds, provided that the sale or exchange satisfies the original purposes of the grant, as specified, meets specified conditions from Proposition 70, and the county meets all of the following conditions:
   1. Preserves all acquired or dedicated lands and conservation easements in perpetuity for agricultural preservation, including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open-space conservation purposes.
   2. Places a deed restriction on each property it acquired with Proposition 70 grant funds, as specified.
   3. Adopts a detailed land plan that shows the existing and proposed disposition of lands purchased by the county in the Chino Agricultural Preserve with funds from Proposition 70 and meets specified conditions.
5. Chapter 321 of the Statutes of 2010 (SB 1124) authorizes, with the exception of revenues from the sale or exchange of land, the county to use all income generated from the properties it owns within the preserve that were purchased with grant funds, or that were acquired by exchange or purchase, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of existing or replacement land within the preserve.

PROPOSED LAW

This bill would:

1. Expand the allowable use of lands and conservation easements acquired or dedicated in the Chino Agricultural Preserve with funding from Proposition 70 to include park or recreational purposes, which may include, to the extent consistent with Proposition 70’s purposes, playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources.
2. Include deed restrictions in the land plan adopted by the county that shows the existing and proposed disposition of lands purchased by the county in the Chino Agricultural Preserve with funds from Proposition 70.
3. Eliminate a provision allowing the county to propose a plan, if there are unexpended proceeds from the sales or exchanges of land under the land plan, to State Parks for the expenditure of the unexpended proceeds for the acquisition of land, easements, or capital improvements to those lands.
4. Authorize the county to use (1) revenues from the sale or exchange of land acquired with funding from Proposition 70 and (2) all income generated from lands the county acquired with Proposition 70 for the improvement, operation, and maintenance of any land that the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity within the Chino Agricultural Preserve.
5. Provide that Section 1 of this bill is an amendment to Proposition 70 within the meaning of Section 6 of that act requiring a 2/3 vote of the Legislature, and is consistent with the purpose of that act.
6. Make other nonsubstantial changes.

ARGUMENTS IN SUPPORT

According to the author, “This bill will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.”

According to the county, “Passage of AB 3182 will resolve a longstanding problem and allow the County to use these sale proceeds to improve recreational facilities and conserve open space… AB 3182 (Lackey) amends SB 1124 to clarify that San Bernardino County can use the proceeds from [Proposition] 70 land sales for parks, recreational facilities, cultural venues such as an amphitheater, and related infrastructure to expand access and improve amenities in the Chino Agricultural Preserve. These provisions apply solely to San Bernardino County's unique situation rather than all [Proposition] 70 lands in the state.”

“By clarifying state law in SB 1124, AB 3182 will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Proposition 70 notes that “Wildlife, coastal, and park land conservation is in the public interest and is necessary to keep these lands in open-space, natural, and recreational uses, to provide clean air and water, to protect significant environmental and scenic values of wildlife and plant habitat, riparian and wetland areas, and other open-space lands, and to provide opportunities for the people of California to enjoy, appreciate, and visit natural environments and recreational areas.” The bond requires that property acquired with grant funds be used only for the bond’s enumerated purposes and that the grantee make no other use, sale, or other disposition of the property except as authorized by the Legislature. The Legislature has previously authorized the county, via SB 1124, to sell or exchange land acquired with Proposition 70 funding for other replacement property for agricultural preservation and open space purposes.

This bill would expand the allowable purposes of the acquired lands to include park and recreational purposes, including playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources. It is worth noting that park and recreation purposes are generally consistent with Proposition 70’s original purposes. It is unclear, however, whether the public intended for Proposition 70 funds to be used for higher intensity recreational uses, like recreational venues, sporting venues, and amphitheaters. Indeed, Proposition 70 defines “park” to mean a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. This does not explicitly include more intensive park uses, like sporting venues.

Further, much, although not all, of the funding allocations in the bond are for land acquisitions, rather than development. One exception within the same set of allocations as the county’s allocation (specifically within the same paragraph in the codes) is a $10 million allocation for acquisition or development of noncommercial visitor use and access facilities, and/or renovation of existing facilities at county, state, or city beaches operated by Los Angeles County.”

The sponsor has noted that in the process of selling and purchasing lands to consolidate the original, disparate parcels, the value of the original property has increased to such an extent that is no longer practical or possible to use all of the revenue to acquire land with the Chino Agricultural Preserve. Indeed, the county has fulfilled its original obligation under SB 1124 to acquire sufficient replacement land; the county actually surpassed that obligation by acquiring more acreage than it had originally acquired with Proposition 70 funding, 473 acres vs 366 acres, respectively. With increased urban development in the area, the county is finding it difficult to locate additional land in the Chino Agricultural Preserve to conserve in fee or via conservation easement for agricultural or open space purposes.

Instead, there are opportunities to invest in existing parks within the Chino Agricultural Preserve that are owned or operated by other entities. In particular, the county has indicated its intention to improve amenities in Prado Regional Park as well as invest in a new park within the preserve. In this regard, this bill would authorize the county to use revenues from the sale or exchange of land purchased with Proposition 70 funds and the income generated from those lands, for the improvement, operation, and maintenance of any land, within the Chino Agricultural Preserve, that the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity for park, recreational, agricultural, and open space purposes.

These appear to be good faith efforts by the county to provide the people within and surrounding the Chino Agricultural Preserve, which includes residents of San Bernardino, Riverside, Orange, and Los Angeles Counties, to connect with beneficial and extensive park and recreational opportunities. That said, this bill could set a precedent for other Proposition 70 grant recipients. Key questions for this committee include:

• Whether to expand the allowable uses of Proposition 70 lands in the Chino Agricultural Preserve beyond what the people of California may have initially approved.
• Whether to allow the county to spend revenue and income associated with Proposition 70 properties on other lands within the Chino Agricultural Preserve, not protected by Proposition 70 funds.

Related legislation.

SB 1124 (Negrete McLeod, Chapter 321, Statutes of 2010) authorizes the county to exchange lands purchased with state park bond funds if the county meets certain requirements relating to conservation easements and deed restrictions on lands retained, sold and acquired. This bill repealed Chapter 377, Statutes of 2004.

AB 2063 (Negrete McLeod, Chapter 377, Statutes of 2004) authorized the county to sell property acquired with Proposition 70 funds if certain conditions were met, including that the proceeds from the sale were used to acquire replacement land within Chino Agricultural Preserve and there was no net loss of acreage or habitat value as a result of the exchange, among others.

SUPPORT

County of San Bernardino (sponsor)

Don Wagner, Supervisor, County of Orange

Michael Kreeger, 4^th District Commissioner, San Bernardino County Regional Parks Advisory Commission

Norma J. Torres, U.S. Representative, CA–35

Young Kim, U.S Representative, CA-40

Chino Valley Chamber of Commerce

City of Chino

City of Chino Hills

City of Ontario

County of Riverside

Greater Ontario Chamber of Commerce

Inland Empire Economic Partnership

Inland Empire Health Plan

San Bernardino County Transportation Authority

Southern California Association of Governments

Teamsters Local 1932

Western States Regional Council of Carpenters

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 3182

Author:(Lackey)

As Amended Ver:April 24, 2024

2/3 vote

SUMMARY

Authorizes new uses of bond funds from Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act of 1988, in San Bernardino County.

Major Provisions

1. Expands the allowable uses of the lands and conservation easements acquired or dedicated for the Chino Agricultural Preserve (Preserve) to include park and recreational purposes and additional open space conservation purposes, including playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources.
2. Eliminates the option for San Bernardino County (County) to propose a plan to the Department of Parks and Recreation (State Parks) for the expenditure of unexpended proceeds from the sale or exchange of land under the County’s land plan, for the acquisition of land or easements or capital improvements to those lands or easements.
3. Allows the County to use revenues from the sale or exchange of land for the improvement, operation, and maintenance of any land that the County owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity within the Preserve for park, recreational, agricultural preservation, or open space conservation purposes, which may include, to the extent consistent with the purposes of Proposition 70, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.

COMMENTS

Proposition 70. In 1988, voters passed Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act, approving $776 million in general obligation bonds to fund, among other purposes, the acquisition, development, rehabilitation, protection, or restoration of parklands, wildlife habitat, coastal, and natural lands in California. Proposition 70 requires any applicant for grants under Proposition 70 to agree to maintain and operate acquired property in perpetuity and requires legislative authorization for the sale, new use, or other new disposition of property purchased with Proposition 70 funds. Further, if the Legislature grants a change in use for a property, the grantee must reimburse the state or fund another similar project, as specified, in order to keep Proposition 70 whole. Since Proposition 70 became law, grantees have occasionally sought legislative approval to authorize additional uses of conserved properties, on a case-by-case basis.

Chino Agricultural Preserve. The County was awarded $20 million in Proposition 70 funds for the acquisition of lands within the boundaries of the Preserve. According to the County, these funds were used to purchase 366.55 acres on nine agricultural properties in the Preserve. However, because the lands are not adjacent to each other, the County could not use them to fulfill Proposition 70's park and recreation purposes. In 2010, the proposition's provisions were clarified by SB 1124 (Negrete-McLeod), Chapter 321, Statutes of 2010, which authorized the County to sell or exchange its Proposition 70 properties if the replacement property would be used for wildlife habitat conservation, open space, or preservation of the region's agricultural heritage. Roughly 150 acres of the County's Proposition 70 lands have been sold, and 271 acres of replacement land has been purchased next to Prado Regional Park, a 2,200-acre recreation facility and open space preserve near the Santa Ana River. To date, the County has purchased 472.91 acres of replacement land in the Chino Agricultural Preserve.

According to the Author

"[This bill] clarifies that San Bernardino County can use the proceeds from Prop 70 land sales for parks, recreational facilities, cultural venues such as an amphitheater, and related infrastructure to expand access and improve amenities in the Chino Agricultural Preserve. This bill will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire."

Arguments in Support

Numerous local agencies write in support of this bill saying that it will resolve a longstanding problem and "facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, State Parks anticipates one-time and ongoing costs of an unknown amount, likely in the low hundreds of thousands of dollars, to update guidelines and monitor projects to ensure their alignment with Proposition 70 and the requirements of this bill (General Fund or special fund).

VOTES

ASM WATER, PARKS, AND WILDLIFE: 13-0-2

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

ABS, ABST OR NV: Mathis, Garcia

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 24, 2024

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0003064

ate of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 3182

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

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

SUMMARY:

This bill authorizes new uses of bond funds from Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act of 1988, in San Bernardino County.

Specifically, this bill, among other things:

1. Expands the allowable uses of the lands and conservation easements acquired or dedicated for the Chino Agricultural Preserve (Preserve) to include park and recreational purposes and additional open space conservation purposes, including playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources.
2. Eliminates the authorization for San Bernardino County (County) to propose a plan to the Department of Parks and Recreation (State Parks) for the expenditure of unexpended proceeds from the sale or exchange of land under the County’s land plan, for the acquisition of land or easements or capital improvements to those lands or easements.
3. Allows the County to use revenues from the sale or exchange of land for the improvement, operation, and maintenance of any land that the County owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity within the Preserve for park, recreational, agricultural preservation, or open space conservation purposes, which may include, to the extent consistent with the purposes of Proposition 70, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.

FISCAL EFFECT:

State Parks anticipates one-time and ongoing costs of an unknown amount, likely in the low hundreds of thousands of dollars, to update guidelines and monitor projects to ensure their alignment with Proposition 70 and the requirements of this bill (General Fund or special fund). 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] clarifies that San Bernardino County can use the proceeds from Prop 70 land sales for parks, recreational facilities, cultural venues such as an amphitheater, and related infrastructure to expand access and improve amenities in the Chino Agricultural Preserve. This bill will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.

2) Background.

Proposition 70. In 1988, voters passed Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act, approving $776 million in general obligation bonds to fund, among other purposes, the acquisition, development, rehabilitation, protection, or restoration of parklands, wildlife habitat, coastal, and natural lands in California. Proposition 70 requires any applicant for grants under Proposition 70 to agree to maintain and operate acquired property in perpetuity and requires legislative authorization for the sale, new use, or other new disposition of property purchased with Proposition 70 funds. Further, if the Legislature grants a change in use for a property, the grantee must reimburse the state or fund another similar project, as specified, in order to keep Proposition 70 whole. Since Proposition 70 became law, grantees have occasionally sought legislative approval to authorize additional uses of conserved properties, on a case-by-case basis.

Chino Agricultural Preserve. The County was awarded $20 million in Proposition 70 funds for the acquisition of lands within the boundaries of the Preserve. According to the County, these funds were used to purchase 366.55 acres on nine agricultural properties in the Preserve. However, because the lands are not adjacent to each other, the County could not use them to fulfill Proposition 70's park and recreation purposes. In 2010, the proposition’s provisions were clarified by SB 1124 (Negrete-McLeod), Chapter 321, Statutes of 2010, which authorized the County to sell or exchange its Proposition 70 properties if the replacement property would be used for wildlife habitat conservation, open space, or preservation of the region's agricultural heritage. Roughly 150 acres of the County's Proposition 70 lands have been sold, and 271 acres of replacement land has been purchased next to Prado Regional Park, a 2,200-acre recreation facility and open space preserve near the Santa Ana River. To date, the County has purchased 472.91 acres of replacement land in the Chino Agricultural Preserve. Writing in support of this bill, the County states:

AB 3182 (Lackey) amends SB 1124 to clarify that San Bernardino County can use the proceeds from Prop 70 land sales for parks, recreational facilities, cultural venues such as an amphitheater, and related infrastructure to expand access and improve amenities in the Chino Agricultural Preserve. These provisions apply solely to San Bernardino County's unique situation rather than all Prop 70 lands in the state. By clarifying state law in SB 1124, AB 3182 will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.

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 3182 (

Author:Lackey) – As Amended Ver:April 8, 2024

SUBJECT: Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino

SUMMARY: Authorizes new uses of bond funds from the California Wildlife, Coastal, and Park Land Conservation Act of 1988. Specifically, this bill:

1. Expands the allow use of the lands and conservation easements acquired or dedicated for the Chino Agricultural Preserve (Preserve) to include park and recreational purposes and additional open-space conservation purposes including playgrounds, recreational venues, sporting venues, amphitheaters, and preservation of historical resources.
2. Includes deed restrictions in the adopted land plan.
3. Eliminates the ability of the County of San Bernardino (County) to propose a plan to State Parks for the expenditure of proceeds from the sale or exchange of land for the acquisition of land, easements, or capital improvements to those lands.
4. Allows the County to use revenues from the sale or exchange of land to be used for the improvement, operation, and maintenance of any land that the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or public entity within the Preserve.
5. Removes State Parks authority to approve the uses of funds from the sale or exchange of land in the Preserve.

EXISTING LAW:

1. Establishes the California Wildlife, Coastal, and Park Land Conservation Act, approved by the voters via Proposition 70 on June 7, 1988 [Public Resources Code (PRC) § 5900 et seq.], which:
   1. Recognizes that wildlife, coastal, and park land conservation is in the public interest and seeks to protect environmental and scenic values of the land (PRC § 5905);
   2. Provides $20 million to the Department of Parks and Recreation (State Parks) for a grant to the County for the acquisition of land primarily through the use of conservations easements within the Chino Agricultural Preserve [PRC § 5907 (b)(3)(F)];
   3. Requires that property acquired with funds disbursed under Proposition 70 be maintained and operated in perpetuity and allows that responsibility be transferred with the approval of the granting agency [PRC § 5919 (a)(1)];
   4. Requires that the acquired property have no other purpose other than that authorized and requires that the Legislature authorize the sale, new use, or other new disposition of the property [PRC § 5919(a)(2)]; and
   5. Requires that the amount of the grant, the fair market value of the property, or proceeds from the property be used for the original authorized purpose or reimbursed to the state if the ownership, use, or disposition of the acquired property changes [PRC § 5919 (b)].
2. Authorizes, pursuant to PRC § 5919 (a)(2), that the County may sell or exchange property it owns within the Preserve that was purchased with Proposition 70 grant funds, provide that the sale or exchange satisfies the original purpose of the grant between the County and State Park and all of the following are met:
   1. The County shall preserve all lands and conservation easements in perpetuity for agriculture preservation including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open-space conservation purposes;
   2. The County shall place a deed restriction on each property it acquired with grant funds from Proposition 70 by April 1, 2011 and that the deed restriction shall be in effect until a conservation easement is recorded on the property or until the County sells or exchanges the property; and
   3. The County satisfies the conditions to develop and implement the detailed land plan (Plan) that indicates the existing and proposed disposition of lands purchased by the County in the Preserve with funds from Proposition 70 [Chapter 321, Statutes of 2010 (a)(b)].
3. Prevents the County from selling, exchanging, or otherwise acquiring replacement land or conservation easements unless the board of supervisors adopts the Plan which meets a number of conditions, including, but not limited to, identifying the disposition of each parcel, maximizing connectivity, and an environmental review; and requires the County to take designated steps to implement the Plan [Chapter 321, Statutes of 2010 (c)].
4. Requires the County to provide a report to State Parks on all expenditures and revenues from all sales and exchanges of land under the Plan; on the acreages of all lands or easements sold, exchanged, and held; and on any funds from all of the sales or exchanges of land under the land plan that have not been expended. Allows the County to propose a plan to State Park for the expenditure of proceeds from the sales or exchanges of land under the Plan that would be used for the acquisition of land or easements, or capital improvements to land or easements purchased with Proposition 70 funds [Chapter 321, Statutes of 2010 (d)(1)].
5. Allows the County to use all other income generated from the properties it owns within the Preserve that were purchased with Proposition 70 funds, or that were acquired by exchange or purchase as authorized, to be used for the acquisition of additional replacement land within the Preserve in accordance with the Plan or for the improvement, operation, and maintenance of existing or replacement land within the Preserve [Chapter 321, Statutes of 2010 (d)(2)].
6. Requires all proposed uses of the funds from the sales or exchanges of land to be approved by State Parks and be eligible expenditures under Proposition 70 [Chapter 321, Statutes of 2010 (d)(3)].
7. Sets provision for adopting the Plan [Chapter 321, Statutes of 2010 (e)].
8. Clarifies that the County is not exempt from California Environmental Quality Act [Chapter 321, Statutes of 2010 (e)].

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. According to the author, “[This bill] clarifies that San Bernardino County can use the proceeds from Prop 70 land sales for parks, recreational facilities, cultural venues such as an amphitheater, and related infrastructure to expand access and improve amenities in the Chino Agricultural Preserve. This bill will facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.”
2. Background. In 1988, voters passed Proposition 70, the California Wildlife, Coastal, and Park Land Conservation Act, approving $776 million in general obligation bonds to fund, among other purposes, “the acquisition, development, rehabilitation, protection or restoration of parklands, wildlife habitat, coastal, and natural lands in California.” Proposition 70 required any applicant for grants under Proposition 70 to agree to maintain and operate the property in perpetuity and requires legislative authorization for the sale, new use, or other new disposition of property purchased with Proposition 70 funds. Further, if the Legislature grants a change in use for a property, the grantee must reimburse the state or fund another similar project, as specified, in order to keep Proposition 70 whole. Since Proposition 70 became law, grantees have occasionally sought legislative acts to authorize additional uses of conserved properties, on a case-by-case basis. See ‘Related legislation’ for brief descriptions.

Chino Agricultural Preserve. The County was awarded $20 million of the Proposition 70 grant funds for the acquisition of lands within the boundaries of the 14,000 acres Chino Agricultural Preserve. Throughout the 1990’s, the County used Proposition 70 funds to purchase, lease, and manage nine operating dairies consisting of approximately 366.55 acres, of which 165.3 acres are located in the City of Chino and the remaining 201.25 acres are located in the City of Ontario.

While the properties acquired with Proposition 70 funds constitute a significant amount of land, their non-contiguous nature made it difficult for the County to comply with the intent of the Proposition and maximize the benefit to regional residents and visitors. To accommodate the County’s desire to consolidate the dairy properties into one contiguous land mass, Proposition 70 was amended by SB 1124 (Negrete McLeod) in 2009. SB 1124 authorized the County to sell or exchange the originally acquired property under the condition that the county preserves all lands and conservation easements acquired in perpetuity for agricultural preservation, including community gardens, agricultural heritage projects, agricultural and wildlife education or wildlife habitat, or for open-space conservation purposes.

The County has complied with the requirements of AB 1124 including:

• Recording a deed restriction by April 1, 2011 on each property acquired with Proposition 70 funds. These deed restrictions limit the use of the Proposition 70 dairies for agricultural preservation, but can be removed when the County sells or exchanges the property if the replacement land of equal or greater acreage and habitat value is acquired in fee or covered by a conservation easement.
• The Plan (see Existing Law) was approved by State Parks and the County Board of Supervisors in November 2012. The Plan was required before any sale, exchange, or acquisition of replacement land.

In 2014, the County exchanged 104.73 acres of dairy land in exchange for $6,364,00 and 271.66 acres of replacement land contiguous to Prado Park in the City of Chino. The remaining 60.57 acres of dairy land in Chino were sold for $15,335,000 in 2016. According to the County of San Bernardino has purchased a 472.91 acres of replacement land in the Chino Agricultural Preserve and still has several additional parcels it will sell.

1. Policy considerations. Proposition 70 required that property acquired with grant funds be (1) maintained and operated in perpetuity and (2) that the property have no other purpose than what was authorized unless otherwise approved by the Legislature. This bill would allow for notable departure in the original intent and proposed use of Proposition 70 funds. The sponsors, in conversation with Committee staff, note that in the process of selling and purchasing lands to consolidate the original, disparate parcels, the value of the original property has increased to such an extent that is no longer practical or possible to use those revenues to purchase or conserve land per the language of Proposition 70 [i.e., conservation easements in the Preserve; PRC § 5907 (b)(3)(F)]. The County believes that it has fulfilled its obligation under Proposition 70 and currently holds and has protected more acreage (473 acres) than it had originally purchased in the 1990’s (366 acres). With the increased development in the Preserve, the County is finding it difficult to invest the accumulated revenues consistent with Proposition 70 by either purchasing or placing easements on property or investing in property purchased with Proposition 70 funds.

Therefore, the County proposes to expand the allowable use of these funds. First, it expands the purpose of lands from agricultural preservation to include park and recreation purposes such as constructing play grounds, recreational venues, sporting venues, and amphitheaters. Second, this bill proposes to allow revenues from the sale or exchange of land purchased with Proposition 70 funds and the revenues generated on those lands, to be used for the improvement, operation, and maintenance on any property that has a park, recreational, agriculture preservation, or open-space purpose, which would include the newly allowed playground, recreation and sporting venues, and amphitheater.

These appear to be good faith efforts to provide the people within and surrounding the Preserve with beneficial and extensive park and recreational opportunities. The County has indicated intentions to improve amenities in Prado Regional Park as well as invest in a new park within the Preserve. However, this bill does set a troubling precedent for other grant recipients. These funds were originally granted to the County for a specific purpose and should be considered an investment that was going to inherently grow in value over time. Whether or not the County should have anticipated such a situation, it now finds itself with windfall profits to invest in purposes and activities not originally allowed when approved by the people of California.

It remains unclear to this Committee if such a shift is advisable. Until more information becomes available, it would be prudent to retain State Parks approval of all proposed uses of the funds to ensure the investment of the people of California is managed in accordance with this purpose.

1. Proposed committee amendments. The Committee may wish the author to retain State Parks oversight of the use of Proposition 70 by the County in section (d)(3):

(3) All proposed uses of the funds from the sales or exchanges of land shall be approved by the department as authorized herein and be eligible expenditures under the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).

1. Arguments in support. Numerous local agencies write in support of this bill saying that it will resolve a longstanding problem and “facilitate substantial park and infrastructure improvements for Prado Regional Park and nearby communities, demonstrating the County's commitment to conserve open space and expand recreational opportunities in the Inland Empire.”
2. Two-third’s vote requirement. Because this bill is amending an initiative approved by the voters in a statewide primary election on June 7, 1988, it requires a two-thirds vote of the Legislature to amend.
3. Related legislation. SB 256 (Dodd), Chapter 305, Statutes of 2023, authorized the City of Davis to convey easements, leases, or licenses for habitat conservation projects and carbon sequestration projects on parcels acquired for wildlife and riparian habitat, wetlands, and potential wetlands by the City with funding from Proposition 70.

SB 178 (Wieckowski), Chapter 458, Statutes of 2017, authorized the City of Fremont to transfer parkland to the Fremont Unified School District under certain conditions, including that the transferred property only be used for a public school facility and a requirement to spend no less than $5 million to develop a replacement neighborhood park.

AB 1098 (Hagman) of 2009 would have authorized the County to sell or exchange property, instead of just sell property, that it owns within the Chino Agricultural Preserve and allow proceeds from a sale to be extended to the improvement, operation, and maintenance of existing or replacement land within the Chino Agricultural Preserve. AB 1098 was referred to both the Assembly Local Government Committee and the Assembly Agriculture Committee and its first hearing was canceled at the request of the author. The provisions of this bill are found in SB 1124 from the same year.

SB 1124 (Negrete McLeod), Chapter 321, Statutes of 2009, revised and recast the provisions regarding the property in the Chino Agricultural Preserve including allowing the exchange of property in the Preserve, allowing proceeds from a sale to be extended to the improvement, operation, and maintenance of existing or replacement land within the Preserve, and requiring the County to provide a report to State Parks on all expenditures and revenues from the land, among other things.

AB 2063 (Negrete McLeod), Chapter 377, Statutes of 2004, authorized the County to sell property acquired with Proposition 70 funds if proceeds from the sale were used to acquire replacement land within Preserve, and the county prepares a detailed land plan approved by the Board of Supervisors, there is no net loss of acreage or habitat value as a result of the exchange, the county holds a public hearing, and the county receives an independent appraisal of the lands to be sold and acquired and makes these appraisals available to the public.

AB 1264 (Peace), Chapter 231, Statutes of 1995, authorized floodways as a new use of property acquired with Proposition 70 bond funds by San Diego County.

REGISTERED SUPPORT / OPPOSITION:

Support

San Bernardino County (Sponsor)

Chino Valley Chamber of Commerce
City of Chino Hills
City of Ontario
County of Riverside
Greater Ontario Chamber of Commerce
Inland Empire Economic Partnership
Inland Empire Health Plan
San Bernardino County Transportation Authority
Western States Regional Council of Carpenters

Two individuals:

District Commissoner Michael Kreeger

Orange County Supervisor Don Wagner

Opposition

None on file

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