California Senate Bill SB422 Amended / Bill

 BILL NUMBER: SB 422AMENDED BILL TEXT AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Monning FEBRUARY 25, 2015 An act to amend Sections  35100, 35103, 35120, and 35152 of, and to amend the heading of Division 26 (commencing with Section 35100) of,   35152 and 35153 of  the Public Resources Code, relating to the Santa Clara Valley Open-Space  District.   Authority.  LEGISLATIVE COUNSEL'S DIGEST SB 422, as amended, Monning. Santa Clara Valley Open-Space  District.   Authority.  Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authority's jurisdiction, necessary to the full exercise of its powers.  Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses.  This bill  would change the name of the authority to the Santa Clara Valley Open-Space District, and would authorize the district   would, in addition, authorize the authority  to acquire  , but not to take by eminent domain  interests in real property that are  either within the district's jurisdiction, part of a single property that is both within and adjacent to the district's jurisdiction, or within a watershed that includes lands within the district's jurisdiction where protection of those watershed lands outside of the district's jurisdiction is necessary to protect conservation values within the district's jurisdiction. The bill would also make related conforming changes.   outside of the authority's jurisdiction, necessary to the full exercise of its powers.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The heading of Division 26 (commencing with Section 35100) of the Public Resources Code is amended to read: DIVISION 26. SANTA CLARA Valley OPEN-SPACE DISTRICT   SEC. 2.   Section 35100 of the Public Resources Code is amended to read: 35100. This division shall be known, and may be cited, as the Santa Clara Valley Open-Space District Act.   SEC. 3.   Section 35103 of the Public Resources Code is amended to read: 35103. "Authority" or "district" means the Santa Clara Valley Open-Space District created pursuant to this division in the County of Santa Clara. All references in this division and elsewhere in law to the Santa Clara County Open-Space Authority shall mean and refer to the Santa Clara Valley Open-Space District.   SEC. 4.   Section 35120 of the Public Resources Code is amended to read: 35120. The Santa Clara Valley Open-Space District is hereby created. The maximum jurisdiction of the district shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the district's jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. Any city that fails to pass that resolution or that formally states its intent to not participate shall be excluded from the district's jurisdiction. The creation of the district is not subject to review by the Santa Clara County Local Agency Formation Commission.   SEC. 5.   SECTION 1.  Section 35152 of the Public Resources Code is amended to read: 35152. The  district   authority  may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property,  within or outside of the authority's jurisdiction,  necessary to the full exercise of its powers.  Real property interests acquired by the district shall be either within the district's jurisdiction, part of a single property that is both within and adjacent to the district's jurisdiction, or within a watershed that includes lands within the district's jurisdiction where protection of those watershed lands outside the district's jurisdiction is necessary to protect conservation values within the district's jurisdiction.  The  district   authority  may accept and hold open-space easements and purchase development credits wherever the  district   authority  may acquire real property. Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the  district.   authority.  Lands subject to the grant of an open-space easement executed and accepted by the  district   authority  in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. The  district   authority  may not validly convey any interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the  district   authority  voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.  SEC. 2.   Section 35153 of the   Public Resources Code   is amended to read:  35153. The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production,  or  lands in timberland production zones  which   that  are not threatened by imminent conversion to developed uses , or lands not within the authority's jurisdiction  . Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property which is already owned by a public agency for open-space use. For purposes of this section, "owned" includes any lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board's vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county which includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority's jurisdiction, the authority shall not exercise its right of eminent domain on that property.