California 2017 2017-2018 Regular Session

California Assembly Bill AB3218 Amended / Bill

Filed 04/25/2018

                    Amended IN  Assembly  April 25, 2018 Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3218Introduced by Assembly Member ArambulaFebruary 16, 2018 An act to add Section 5005.2 Sections 5005.2 and 32539 to the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGESTAB 3218, as amended, Arambula. Millerton Lake State Recreation Area: acquisition of land.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, one of which is the Millerton Lake State Recreation Area.Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill. would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale, and to prioritize the purchase of those lands, as prescribed.This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5005.2 is added to the Public Resources Code, to read:5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.SEC. 2. Section 32539 is added to the Public Resources Code, to read:32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.SEC. 2.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 unique need to expand the Millerton Lake State Recreation Area.

 Amended IN  Assembly  April 25, 2018 Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3218Introduced by Assembly Member ArambulaFebruary 16, 2018 An act to add Section 5005.2 Sections 5005.2 and 32539 to the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGESTAB 3218, as amended, Arambula. Millerton Lake State Recreation Area: acquisition of land.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, one of which is the Millerton Lake State Recreation Area.Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill. would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale, and to prioritize the purchase of those lands, as prescribed.This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 25, 2018 Amended IN  Assembly  April 02, 2018

Amended IN  Assembly  April 25, 2018
Amended IN  Assembly  April 02, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 3218

Introduced by Assembly Member ArambulaFebruary 16, 2018

Introduced by Assembly Member Arambula
February 16, 2018

 An act to add Section 5005.2 Sections 5005.2 and 32539 to the Public Resources Code, relating to state parks. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3218, as amended, Arambula. Millerton Lake State Recreation Area: acquisition of land.

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, one of which is the Millerton Lake State Recreation Area.Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill. would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale, and to prioritize the purchase of those lands, as prescribed.This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

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, one of which is the Millerton Lake State Recreation Area.

Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.

This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill. would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.

The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale, and to prioritize the purchase of those lands, as prescribed.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5005.2 is added to the Public Resources Code, to read:5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.SEC. 2. Section 32539 is added to the Public Resources Code, to read:32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.SEC. 2.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 unique need to expand the Millerton Lake State Recreation Area.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 5005.2 is added to the Public Resources Code, to read:5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.

SECTION 1. Section 5005.2 is added to the Public Resources Code, to read:

### SECTION 1.

5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.

5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.

5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.



5005.2. (a)The department shall effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and shall take action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99, if those lands, or any portion of those lands, are offered for sale. may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.

(b)The department shall not use the power of eminent domain to acquire any additional lands for the recreation area pursuant to this section.



SEC. 2. Section 32539 is added to the Public Resources Code, to read:32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.

SEC. 2. Section 32539 is added to the Public Resources Code, to read:

### SEC. 2.

32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.

32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.

32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.



32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.

(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to the Millerton Lake State Recreation Area.

(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.

SEC. 2.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 unique need to expand the Millerton Lake State Recreation Area.

SEC. 2.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 unique need to expand the Millerton Lake State Recreation Area.

SEC. 2.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 unique need to expand the Millerton Lake State Recreation Area.

### SEC. 2.SEC. 3.