Bill Text: CA SB1167 | 2021-2022 | Regular Session | Amended
Bill Title: State property: acquisition: state park system: Department of Parks and Recreation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-06-02 - Referred to Com. on W.,P., & W. [SB1167 Detail]
Download: California-2021-SB1167-Amended.html
|
Amended
IN
Senate
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1167
| Introduced by Senator Allen |
February 17, 2022 |
An act relating to amend Section 15853 of the Government Code, relating to state property.
LEGISLATIVE COUNSEL'S DIGEST
SB 1167, as amended, Allen.
State property: acquisition: state park system: Department of Parks and Recreation.
Existing law authorizes the State Public Works Board to select and acquire, in the name of and behalf of the state, with the consent of the state agency concerned, real property, as described. Existing law, however, requires the board to acquire, on behalf of and for the Department of Parks and Recreation, any interests in real property, as described, and sets forth procedures for the purchase of real property for the state park system. Existing law also authorizes the department to take certain actions, including appraising and selecting real property for the purpose of acquiring an option to purchase real property for the state park system, for purposes of this requirement.
This bill would declare the intent of the Legislature to enact legislation that would streamline the acquisitions process at the Department of Parks and Recreation and to
eliminate them from the approval of the State Public Works Board.
This bill would, for purposes of the state park system, exempt from these provisions transactions that meet specified conditions, including that the Department of Parks and Recreation determined that it will not require additional state resources to manage the land or other real property.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
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,
and except as provided in subdivision (f), 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 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 (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), and except as provided in subdivision (f), 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 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) For purposes of the state park system, subdivision (c) and paragraph (1) of subdivision (d) do not apply to transactions that meet both of the following conditions:
(1) The Department of Parks and
Recreation determined that it will not require additional state resources to manage the land or other real property.
(2) A Phase I Environmental Site Assessment has been completed on the land or other real property and no recognized environmental conditions are identified.
(f)
(g) This section shall 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).
It is the intent of the Legislature to enact legislation that would streamline the acquisitions process at the Department of Parks and Recreation and to eliminate them from the approval of the State Public Works Board.
