AB 566: Department of Parks and Recreation: acquisition and protection of real property.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-26
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets the Department of Parks and Recreation buy land for the state park system itself, instead of using the State Public Works Board, but that authority expires on January 1, 2029. Any purchase must be at or below fair market value, based on a licensed appraisal approved by the Department of General Services. The bill also lets the department make agreements with eligible nonprofits and Native American tribes to permanently protect or accept donated properties and to work with other agencies to identify priority parcels that improve park operations, habitat connections, visitor services, and benefits for disadvantaged communities.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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 for Big Basin Redwoods, Ano Nuevo, and Butano State Parks by the department. the state park system by the department on its own behalf, as provided.
This bill would authorize the department to enter into an agreement with an eligible entity, as defined, that would state the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed efforts of stewardship, as defined, within a designated region that includes the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz, for the purpose of achieving specified goals within the region. in or for the state park system. The bill would authorize the department to coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy, to identify priority properties for permanent protection or needed stewardship efforts within the region to fulfill specified objectives. the objectives of each unit of the state park system. The bill would require, upon appropriation by the Legislature, the department to take all reasonable actions to permanently protect in perpetuity priority properties identified in an agreement within 24 months following the execution of an acquisition agreement, or as soon as reasonably practicable.
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 and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.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 for Big Basin Redwoods, Ano Nuevo, and Butano State Parks by the department.
This bill would authorize the department to enter into an agreement with an eligible entity, as defined, that would state the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed efforts of stewardship, as defined, within a designated region that includes the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz, for the purpose of achieving specified goals within the region. The bill would authorize the department to coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy, to identify priority properties for permanent protection or needed stewardship efforts within the region to fulfill specified objectives. The bill would require, upon appropriation of funds by the Legislature, the department to take all reasonable actions to protect in perpetuity priority properties identified in an agreement within 24 months following the execution of an acquisition agreement, or as soon as reasonably practicable.
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 and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
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.
This bill would authorize the department to enter into an agreement with an eligible entity, as defined, that would state the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed efforts of stewardship, as defined, within a designated region that includes the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz, for the purpose of achieving specified goals within the region. The bill would authorize the department to coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy, to identify priority properties for permanent protection or needed stewardship efforts within the region to fulfill specified objectives. The bill would require, upon appropriation of funds by the Legislature, the department to take all reasonable actions to protect in perpetuity priority properties identified in an agreement within 24 months following the execution of an acquisition agreement, or as soon as reasonably practicable.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
(a)The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function.
(b)If moneys are appropriated by the Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law.
(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, Ano Nuevo, and Butano State Parks, pursuant to Section 5009.6 of the Public Resources Code until January 1, 2029, 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.
(d)(1)Notwithstanding subdivision (a), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature.
(2)Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition before the conclusion of the appropriate authorization period. For purposes of this section, in order for the Department of Parks and Recreation to formally abandon an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition.
(3)The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation.
(4)The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system.
(e)The board may acquire furnishings that the owner thereof agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property.
(f)This section does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).
SEC. 3.SEC. 2.Section 5009.5 is added to the Public Resources Code, to read:5009.5.(a)For purposes of this section, the following definitions apply:
(1)Eligible entity means any of the following:
(A)A nonprofit organization.
(B)A federally recognized Native American tribe.
(C)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(2)Nonprofit organization means any nonprofit public benefit corporation formed pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code, qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(3)Permanently protect means either of the following:
(A)Establishing permanent protection of property in the specified region through fee title acquisition.
(B)Providing ongoing management, stewardship, restoration, enhancement, and monitoring of the land in perpetuity.
(4)Property means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(5)Specified region means the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.(6)Stewardship means management activities that enhance the natural resource values within Big Basin Redwoods, Butano, and Ano Nuevo State Parks.(b)Notwithstanding any other law, the department may enter into an agreement with an eligible entity stating the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed stewardship efforts, within the specified region for the purpose of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency and land stewardship within the specified region. lands in or for the state park system.
(c)The department may coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy, to identify priority properties for permanent protection within the specified region to fulfill the objectives of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency in the specified region. each unit of the state park system. Priority shall be given to properties that do any of the following:
(1)Contain important natural, cultural, or recreational values, or provide a significant buffer for an existing state park unit.
(2)Link, or contribute to linking, existing state parks to other protected areas or protective easements. Functionality, total reserve size, significance of overall reserve area, and improving resilience to climate change shall be considered.
(3)Accommodate needed facilities, visitor services, or trails that cannot be constructed on existing parklands.
(4)Improve operations of an existing state park unit and eliminate potential or existing management problems associated with the inholding or adjacent properties.
(5)Provide the most benefit to disadvantaged communities as defined in Section 80002.
(d)Upon appropriation by the Legislature, the department shall take all reasonable actions to permanently protect in perpetuity priority properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(e)To facilitate required agency approvals, the department shall establish a process for obtaining input and preliminary review from the necessary agencies before entering into an agreement developed pursuant to this section with an eligible entity to permanently protect a property.
(f)If an appropriation by the Legislature is not available and an eligible entity is willing, the department shall take all reasonable actions to accept, as a donation, properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(g)The department shall not be deemed to have approved the permanent protection of a property unless all required agency approvals have been obtained.
SEC. 3.Section 5009.6 is added to the Public Resources Code, to read:5009.6.(a)Notwithstanding subdivisions (a) and (d) of Section 15853 of the Government Code, at the discretion of the Director of the Department of Parks and Recreation, the Department of Parks and Recreation may acquire land and other real property for the state park system on its own behalf.
(b)The purchase price for the land and other real property acquired under this section shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure.
(c)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.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the damage caused by the CZU Lightning Complex Wildfire in 2020 to the Big Basin Redwoods, Ano Nuevo, and Butano State Parks and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.The Legislature finds and declares all of the following:
(a)The CZU Lightning Complex Wildfire in 2020 burned over the entirety of Big Basin Redwoods State Park and portions of Butano and Ano Nuevo State Parks. In the wake of this catastrophic fire, the Department of Parks and Recreation initiated a planning process to reimagine the future of Big Basin Redwoods State Park.
(b)The Department of Parks and Recreations reimagining effort produced a vision for rebuilding Big Basin Redwoods State Park. This vision describes the need to acquire additional land to support the relocation of visitor-serving facilities previously located within some of the most ecologically sensitive areas of the park.
(c)The Department of Parks and Recreations vision also describes the need to strengthen the landscape connectivity, improve the forest health, and enhance climate resiliency among and within Big Basin Redwoods, Butano, and Ano Nuevo State Parks, including land acquisition and land stewardship efforts to support these goals.
(d)The extreme storms associated with the atmospheric rivers in December 2022 and January 2023 wrought considerable damage on the state parks and other lands in the Santa Cruz State Parks District, further demonstrating the need for a climate resilient, and regional, approach to land management.
(e)The Department of Parks and Recreation has partnered with various conservation organizations in the Santa Cruz Mountains region to develop a tool for identifying and evaluating land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Ano Nuevo State Parks that are essential to realizing the departments vision.
(f)There is often a need to move quickly to acquire lands deemed essential to a state park. Certain nonprofit public benefit organizations and tribal governments are necessary partners in acquiring such high priority high-priority lands. Yet, those entities are not able to have certainty that the lands they acquire will be purchased, or accepted as a donation, by the Department of Parks and Recreation.
(g)The key objectives of this act are the enhancement of visitor services, addressing the needs of park staff, and the improvement of park operations for Big Basin Redwoods State Park and strengthened connectivity, improved forest health, and enhanced climate resiliency among Big Basin, Basin Redwoods, Butano, and Ano Nuevo State Parks, and to provide greater certainty to designated entities that their investments in permanent protection projects will result in the sale or transfer of the property to the Department of Parks and Recreation.
SEC. 2.Section 15853 of the Government Code is amended to read:15853.(a)The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function.
(b)If moneys are appropriated by the Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law.
(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, Ano Nuevo, and Butano State Parks, 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.
(d)(1)Notwithstanding subdivision (a), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature.
(2)Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition prior to before the conclusion of the appropriate authorization period. For the purposes of this section, in order for the Department of Parks and Recreation to formally abandon an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition.
(3)The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation.
(4)The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system.
(e)The board may acquire furnishings that the owner thereof agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property.
(f)This section shall does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).
SEC. 2.SEC. 3.Section 5009.5 is added to the Public Resources Code, to read:5009.5.(a)For purposes of this section, the following definitions apply:
(1)Eligible entity means any of the following:
(A)A nonprofit organization.
(B)A federally recognized Native American tribe.
(C)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(2)Nonprofit organization means any nonprofit public benefit corporation formed pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code, qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(3)Permanently protect means either of the following:
(A)Establishing permanent protection of property in the specified region through fee title acquisition.
(B)Providing ongoing management, stewardship, and monitoring of the land in perpetuity.
(4)Property means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(5)Specified region means the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
(6)Stewardship means management activities that enhance the natural resource values within Big Basin, Basin Redwoods, Butano, and Ano Nuevo State Parks.
(b)Notwithstanding any other law, the department may enter into an agreement with an eligible entity stating the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed stewardship efforts, within the specified region for the purpose of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency and land stewardship within the specified region.
(c)The department may coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy Conservancy, to identify priority properties for permanent protection within the specified region to fulfill the objectives of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency in the specified region. Priority shall be given to properties that do any of the following:
(1)Contain important natural, cultural, or recreational values, or provide a significant buffer for an existing state park unit.
(2)Link, or contribute to linking, existing state parks to other protected areas or protective easements. Functionality, total reserve size, significance of overall reserve area, and improving resilience to climate change shall be considered.
(3)Accommodate needed facilities, visitor services, or trails that cannot be constructed on existing park lands. parklands.
(4)Improve operations of an existing state park unit and eliminate potential or existing management problems associated with the inholding or adjacent properties.
(d)Upon appropriation of funds by the Legislature, the department shall take all reasonable actions to protect in perpetuity priority properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(e)To facilitate required agency approvals, the department shall establish a process for obtaining input and preliminary review from the necessary agencies before entering into an agreement developed pursuant to this section with an eligible entity to permanently protect a property.
(f)If an appropriation of funds by the Legislature is not available and an eligible entity is willing, the department shall take all reasonable actions to accept, as a donation, properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(g)The department shall not be deemed to have approved the permanent protection of a property unless all required agency approvals have been obtained.
SEC. 3.SEC. 4.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the damage caused by the CZU Lightning Complex Wildfire in 2020 to the Big Basin Redwoods, Ano Nuevo, and Butano State Parks and the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
The Legislature finds and declares all of the following:
(a)The CZU Lightning Complex Wildfire in 2020 burned over the entirety of Big Basin Redwoods State Park and portions of Butano and Ano Nuevo State Parks. In the wake of this catastrophic fire, the Department of Parks and Recreation initiated a planning process to reimagine the future of Big Basin Redwoods State Park.
(b)The Department of Parks and Recreations reimagining effort produced a vision for rebuilding Big Basin Redwoods State Park. This vision describes the need to acquire additional land to support the relocation of visitor-serving facilities previously located within some of the most ecologically sensitive areas of the park.
(c)The Department of Parks and Recreations vision also describes the need to strengthen the landscape connectivity, improve the forest health, and enhance climate resiliency among and within Big Basin Redwoods, Butano, and Ano Nuevo State Parks, including land acquisition and land stewardship efforts to support these goals.
(d)The extreme storms associated with the atmospheric rivers in December 2022 and January 2023 wrought considerable damage on the state parks and other lands in the Santa Cruz State Parks District, further demonstrating the need for a climate resilient, and regional, approach to land management.
(e)The Department of Parks and Recreation has partnered with various conservation organizations in the Santa Cruz Mountains region to develop a tool for identifying and evaluating land parcels adjacent to, within, or near the current boundaries of Big Basin Redwoods, Butano, and Ano Nuevo State Parks that are essential to realizing the departments vision.
(f)There is often a need to move quickly to acquire lands deemed essential to a state park. Certain nonprofit public benefit organizations and tribal governments are necessary partners in acquiring such high priority lands. Yet, those entities are not able to have certainty that the lands they acquire will be purchased, or accepted as a donation, by the Department of Parks and Recreation.
(g)The key objectives of this act are the enhancement of visitor services, addressing the needs of park staff, and the improvement of park operations for Big Basin State Park and strengthened connectivity, improved forest health, and enhanced climate resiliency among Big Basin, Butano, and Ano Nuevo State Parks, and to provide greater certainty to designated entities that their investments in permanent protection projects will result in the sale or transfer of the property to the Department of Parks and Recreation.
SEC. 2.Section 5009.5 is added to the Public Resources Code, to read:5009.5.(a)For purposes of this section, the following definitions apply:
(1)Eligible entity means any of the following:
(A)A nonprofit organization.
(B)A federally recognized Native American tribe.
(C)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(2)Nonprofit organization means any nonprofit public benefit corporation formed pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code, qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(3)Permanently protect means either of the following:
(A)Establishing permanent protection of property in the specified region through fee title acquisition.
(B)Providing ongoing management, stewardship, and monitoring of the land in perpetuity.
(4)Property means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(5)Specified region means the Santa Cruz State Parks District covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
(6)Stewardship means management activities that enhance the natural resource values within Big Basin, Butano, and Ano Nuevo State Parks.
(b)Notwithstanding any other law, the department may enter into an agreement with an eligible entity stating the intent of the department to work with the eligible entity to permanently protect lands in perpetuity, or engage in needed stewardship efforts, within the specified region for the purpose of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency and land stewardship within the specified region.
(c)The department may coordinate with other relevant agencies, including the Wildlife Conservation Board, the Department of Fish and Wildlife, and the State Coastal Conservancy to identify priority properties for permanent protection within the specified region to fulfill the objectives of achieving enhanced visitor services or other benefits to park operations, strengthened land connectivity, improved forest health, and enhanced climate resiliency in the specified region. Priority shall be given to properties that do any of the following:
(1)Contain important natural, cultural, or recreational values, or provide a significant buffer for an existing state park unit.
(2)Link, or contribute to linking, existing state parks to other protected areas or protective easements. Functionality, total reserve size, significance of overall reserve area, and improving resilience to climate change shall be considered.
(3)Accommodate needed facilities, visitor services, or trails that cannot be constructed on existing park lands.
(4)Improve operations of an existing state park unit and eliminate potential or existing management problems associated with the inholding or adjacent properties.
(d)Upon appropriation of funds by the Legislature, the department shall take all reasonable actions to protect in perpetuity priority properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(e)To facilitate required agency approvals, the department shall establish a process for obtaining input and preliminary review from the necessary agencies before entering into an agreement developed pursuant to this section with an eligible entity to permanently protect a property.
(f)If an appropriation of funds by the Legislature is not available and an eligible entity is willing, the department shall take all reasonable actions to accept, as a donation, properties identified in an agreement developed pursuant to this section within 24 months following the execution of an acquisition agreement, or as quickly as reasonable.
(g)The department shall not be deemed to have approved the permanent protection of a property unless all required agency approvals have been obtained.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the damage caused by the CZU Lightning Complex Wildfire in 2020 to the Santa Cruz Mountains region covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
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Date
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Status
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|---|---|
| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Hearing postponed by committee. |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 27, 2023 | Re-referred to Com. on APPR. |
| Apr 26, 2023 | Read second time and amended. |
| Apr 25, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (April 24). |
| Apr 18, 2023 | Re-referred to Com. on W., P., & W. |
| Apr 17, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended. |
| Mar 20, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 17, 2023 | Referred to Com. on W., P., & W. |
| Feb 9, 2023 | From printer. May be heard in committee March 11. |
| Feb 8, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 24, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Land Trust Of Santa Cruz County | ** Support | |
| Save The Redwoods League | * Support | Apr 24, 2023 |
| Sempervirens Fund | * Support | Apr 24, 2023 |
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 566
Author:(Pellerin) – As Amended Ver:April 26, 2023
Policy Committee: | Water, Parks and Wildlife | Vote: | 11 - 3 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the Department of Parks and Recreation (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.
Specifically, this bill, until January 1, 2029, among other things:
- Authorizes State Parks to enter into an agreement with an eligible entity stating the intent of State Parks to work with the eligible entity to permanently protect lands in or for the state park system.
- Requires State Parks, upon appropriation, to take all reasonable actions to permanently protect priority properties identified in an agreement within 24 months following the execution of the agreement, or as quickly as reasonable.
- Authorizes State Parks, if an appropriation by the Legislature is not available and an eligible entity is willing, to take all reasonable actions to accept, as a donation, properties in an agreement within 24 months following the agreement.
- Authorizes State Parks to acquire land and other real property for the state park system on its own behalf, and requires the purchase price not exceed fair market value.
- Exempts property acquired pursuant to 5) from the requirement in existing law that such property be acquired by the State Public Works Board (SPWB).
FISCAL EFFECT:
1) Costs of an unknown but significant amount for State Parks to identify and prioritize “priority properties” for permanent protection for each of the 280 state park units (General Fund or special fund).
2) Ongoing cost pressure of an unknown but very significant amount for State Parks to permanently protect priority properties identified in an acquisition agreement. As part of permanently protecting a priority property, State Parks would be responsible for fee title acquisition and providing ongoing management, stewardship, restoration, enhancement, and monitoring of the land in perpetuity (General Fund or special fund).
3) Potential state costs of an unknown amount by exempting property acquisition by State Parks from the SPWB process (General Fund).
COMMENTS:
1) Purpose. According to the author:
Partner conservation organizations are essential partners for California State Parks in acquiring high priority lands for long-term preservation. 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 partner entities in a vulnerable position as they must continue to own and manage the lands in the meantime. AB 566 will allow State Parks to more effectively work with conservation partners to connect preserved landscapes, enhance visitor services, fulfill the needs of park staff, and enhance climate resilience among State Parks.
2) Background. A recently released study shows that a vast network of more than 100 nonprofit organizations play a critical role in supporting California’s state parks by amplifying the reach of the department’s community engagement efforts, fostering ongoing connection to parks with added programming and events, leveraging public investments with additional sources of funding, building onramps that increase park access to more Californians, and acquiring lands deemed essential to a state park. Yet, the author argues, due to delays in the SPWB process for approving land acquisitions, these entities lack certainty that the lands they acquire will be purchased, or accepted as a donation, by State Parks.
This bill authorizes State Parks to acquire land and property on its own behalf, exempting it from the current SPWB process – which is to ensure, among other things, 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 – and to enter into agreements with nonprofits and tribes to permanently protect lands in or for the state park system. 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 the SPWB.
It is not entirely clear if SPWB’s acquisition process is the main barrier to new park acquisitions. Importantly, sufficient funding for new acquisitions has long been a challenge. SB 1167 (Allen), of the 2021-2022 Legislative Session, would have authorized State Parks, rather than SPWB, to acquire land, real property, and any interests in real property, for the state park system. As noted in the Senate Natural Resources and Water Committee analysis of SB 1167, State Parks has struggled to generate sufficient funding for operations and maintenance (O&M) of properties and facilities already within the state parks system. According to the 2022-23 California Five-Year Infrastructure Plan, State Parks’ large backlog of deferred maintenance is currently estimated at over $1 billion. It is, therefore, questionable if the state can afford to invest in new acquisitions.
Managing state park lands under a changing climate further adds to O&M challenges. For example, the risk of increasingly frequent and destructive wildfires is increasing and the state has not historically incorporated sufficient management and prevention activities on its lands. The Legislature appropriated substantial funding in the Budget Act of 2021 for State Parks to fund vegetation management and wildfire reduction activities on state park lands to address the growing risk of catastrophic wildfire. The Legislature also provided funding to implement State Parks’ Sea Level Rise Adaptation Strategy. In general, however, with a shortage of sufficient, long-term funding for O&M, a key consideration is how to balance new acquisitions and partnerships with funding or minimizing new, long-term O&M costs to the state. This is particularly relevant as a lack of resources can lead to park closures, as recently occurred at Brannan Island State Recreation Area.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Discussed in Hearing
9MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):