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| 1 | + | Amended IN Assembly April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3182Introduced by Assembly Member LackeyFebruary 16, 2024 An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse. Section 1 of Chapter 321 of the Statutes of 2010, relating to land conservation.LEGISLATIVE COUNSEL'S DIGESTAB 3182, as amended, Lackey. Child abuse: social worker liability. Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino.(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 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.Existing law requires the department to approve all proposed uses of the funds from the sale or exchange of land pursuant to these provisions.The bill would eliminate the requirement for department approval of proposed uses of funds from the sale or exchange of this land.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.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read:SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).SEC. 2. Section 1 of this act is an amendment to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code) within the meaning of Section 6 of that act, and is consistent with the purpose of that act.SECTION 1.Section 6200 of the Government Code is amended to read:6200.(a)Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(1)Steal, remove, or secrete.(2)Destroy, mutilate, or deface.(3)Alter or falsify.(b)For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.SEC. 2.Section 273a of the Penal Code is amended to read:273a.(a)Any person who, under circumstances or conditions likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b)Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health may be endangered, is guilty of a misdemeanor.(c)For the purposes of this section, 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.(d)If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1)A mandatory minimum period of probation of 48 months.(2)A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3)(A)Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4)If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by their probation officer.(5)The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
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| 3 | + | Amended IN Assembly April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3182Introduced by Assembly Member LackeyFebruary 16, 2024 An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse. Section 1 of Chapter 321 of the Statutes of 2010, relating to land conservation.LEGISLATIVE COUNSEL'S DIGESTAB 3182, as amended, Lackey. Child abuse: social worker liability. Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino.(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 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.Existing law requires the department to approve all proposed uses of the funds from the sale or exchange of land pursuant to these provisions.The bill would eliminate the requirement for department approval of proposed uses of funds from the sale or exchange of this land.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.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESNO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly April 08, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 24, 2024 | |
| 8 | 7 | Amended IN Assembly April 08, 2024 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 3182 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member LackeyFebruary 16, 2024 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Lackey | |
| 19 | 18 | February 16, 2024 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 1 of Chapter 321 of the Statutes of 2010, relating to land conservation. | |
| 20 | + | An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse. Section 1 of Chapter 321 of the Statutes of 2010, relating to land conservation. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 3182, as amended, Lackey. Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino. | |
| 26 | + | AB 3182, as amended, Lackey. Child abuse: social worker liability. Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino. | |
| 28 | 27 | ||
| 29 | - | (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 | |
| 28 | + | (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 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.Existing law requires the department to approve all proposed uses of the funds from the sale or exchange of land pursuant to these provisions.The bill would eliminate the requirement for department approval of proposed uses of funds from the sale or exchange of this land.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. | |
| 30 | 29 | ||
| 31 | - | (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 | |
| 30 | + | (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 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. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | 35 | ||
| 37 | 36 | (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. | |
| 38 | 37 | ||
| 39 | 38 | This bill would eliminate the explicit authorization and procedures specifically applicable to the expenditure of these unexpended proceeds. | |
| 40 | 39 | ||
| 41 | 40 | 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. | |
| 42 | 41 | ||
| 43 | 42 | 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. | |
| 44 | 43 | ||
| 45 | 44 | Existing law requires the department to approve all proposed uses of the funds from the sale or exchange of land pursuant to these provisions. | |
| 46 | 45 | ||
| 46 | + | The bill would eliminate the requirement for department approval of proposed uses of funds from the sale or exchange of this land. | |
| 47 | 47 | ||
| 48 | + | 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. | |
| 48 | 49 | ||
| 49 | - | ||
| 50 | + | 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. | |
| 50 | 51 | ||
| 51 | 52 | ||
| 52 | 53 | ||
| 53 | - | 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. | |
| 54 | + | This bill would expand this prohibition to a social worker, their designee, and their supervisor. | |
| 55 | + | ||
| 56 | + | ||
| 57 | + | ||
| 58 | + | 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. | |
| 59 | + | ||
| 60 | + | ||
| 61 | + | ||
| 62 | + | 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. | |
| 63 | + | ||
| 64 | + | ||
| 65 | + | ||
| 66 | + | 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. | |
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 70 | + | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 71 | + | ||
| 72 | + | ||
| 54 | 73 | ||
| 55 | 74 | ## Digest Key | |
| 56 | 75 | ||
| 57 | 76 | ## Bill Text | |
| 58 | 77 | ||
| 59 | - | The people of the State of California do enact as follows:SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read:SECTION 1. | |
| 78 | + | The people of the State of California do enact as follows:SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read:SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).SEC. 2. Section 1 of this act is an amendment to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code) within the meaning of Section 6 of that act, and is consistent with the purpose of that act.SECTION 1.Section 6200 of the Government Code is amended to read:6200.(a)Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(1)Steal, remove, or secrete.(2)Destroy, mutilate, or deface.(3)Alter or falsify.(b)For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.SEC. 2.Section 273a of the Penal Code is amended to read:273a.(a)Any person who, under circumstances or conditions likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b)Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health may be endangered, is guilty of a misdemeanor.(c)For the purposes of this section, 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.(d)If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1)A mandatory minimum period of probation of 48 months.(2)A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3)(A)Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4)If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by their probation officer.(5)The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 60 | 79 | ||
| 61 | 80 | The people of the State of California do enact as follows: | |
| 62 | 81 | ||
| 63 | 82 | ## The people of the State of California do enact as follows: | |
| 64 | 83 | ||
| 65 | - | SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read:SECTION 1. | |
| 84 | + | SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read:SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 66 | 85 | ||
| 67 | 86 | SECTION 1. Section 1 of Chapter 321 of the Statutes of 2010 is amended to read: | |
| 68 | 87 | ||
| 69 | 88 | ### SECTION 1. | |
| 70 | 89 | ||
| 71 | - | ||
| 90 | + | SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 72 | 91 | ||
| 92 | + | SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 73 | 93 | ||
| 74 | - | ||
| 75 | - | Section 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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.(2) The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(3) All proposed uses of the funds from the sales or exchanges of land shall be as authorized herein approved by the department 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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 76 | - | ||
| 77 | - | Section 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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.(2) The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(3) All proposed uses of the funds from the sales or exchanges of land shall be as authorized herein approved by the department 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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 94 | + | SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions:(1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat.(2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property.(3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan.(b) For purposes of this section, the following definitions apply:(1) County means the County of San Bernardino.(2) Board means the Board of Supervisors for the County of San Bernardino.(3) Department means the California Department of Parks and Recreation.(4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code).(6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport.(c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions:(A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain.(B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement.(C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a).(D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss.(E) An environmental review accompanies the land plan.(F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified.(G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized.(H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan.(I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department.(2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan:(A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan.(B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a).(C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a).(E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed.(F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county.(d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.(2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.(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).(e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county.(f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 78 | 95 | ||
| 79 | 96 | SECTION 1. (a) The Legislature authorizes, pursuant to paragraph (2) of subdivision (a) of Section 5919 of the Public Resources Code, the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), provided that the sale or exchange satisfies the original purposes of the grant agreement between the county and department, except as modified by paragraph (1), the conditions of subdivision (b) of Section 5919 of the Public Resources Code, and all of the following conditions: | |
| 80 | 97 | ||
| 81 | 98 | ### SECTION 1. | |
| 82 | 99 | ||
| 83 | - | (1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division | |
| 100 | + | (1) The County of San Bernardino shall preserve all lands and conservation easements acquired or dedicated as authorized by this subdivision in perpetuity for park, recreational, agricultural preservation, including or open-space conservation purposes, which may include, to the extent consistent with the purposes of this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education education, or wildlife habitat, or for open-space conservation purposes. habitat. | |
| 84 | 101 | ||
| 85 | 102 | (2) By April 1, 2011, the County of San Bernardino shall place a deed restriction on each property it acquired with grant funds from the California Wildlife, Coastal, and Park Land Conservation Act. The deed restriction shall be written for the purposes set forth in paragraph (1) of this subdivision. Each deed restriction shall be recorded with the county recorder. Each deed restriction shall be in effect until either a conservation easement is recorded on the property, pursuant to subparagraph (A) of paragraph (2) of subdivision (c), or until the County of San Bernardino sells or exchanges the property. | |
| 86 | 103 | ||
| 87 | 104 | (3) The County of San Bernardino satisfies all conditions in paragraphs (1) and (2) of subdivision (c) that are necessary to develop and implement the adopted plan. | |
| 88 | 105 | ||
| 89 | 106 | (b) For purposes of this section, the following definitions apply: | |
| 90 | 107 | ||
| 91 | 108 | (1) County means the County of San Bernardino. | |
| 92 | 109 | ||
| 93 | 110 | (2) Board means the Board of Supervisors for the County of San Bernardino. | |
| 94 | 111 | ||
| 95 | - | (3) Department means the Department of Parks and Recreation. | |
| 112 | + | (3) Department means the California Department of Parks and Recreation. | |
| 96 | 113 | ||
| 97 | 114 | (4) Plan means the detailed land plan that is prepared to show the existing and proposed disposition of lands purchased by the County of San Bernardino in the Chino Agricultural Preserve with funds from the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code). | |
| 98 | 115 | ||
| 99 | - | (5) Grant funds means the grant that was made to the County of San Bernardino from the Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code). | |
| 116 | + | (5) Grant funds means the grant that was made to the County of San Bernardino from the California Department of Parks and Recreation provided pursuant to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code). | |
| 100 | 117 | ||
| 101 | 118 | (6) Preserve means the Chino Agricultural Preserve as defined by the boundaries of the 14,000-acre Chino Agricultural Preserve as it existed on June 8, 1988, and includes property surrounding the Chino airport. | |
| 102 | 119 | ||
| 103 | 120 | (c) (1) The county shall not sell, exchange, or otherwise acquire replacement land or conservation easements pursuant to this section unless and until the board adopts a detailed land plan by December 31, 2011. The adopted plan shall meet all of the following conditions: | |
| 104 | 121 | ||
| 105 | 122 | (A) It identifies each parcel of property acquired with grant funds and shows which specific parcels the county will sell, exchange, purchase, or retain. | |
| 106 | 123 | ||
| 107 | 124 | (B) For each parcel to be sold, exchanged, purchased, or retained, it identifies whether the parcel will be acquired or retained in fee title or as a conservation easement. | |
| 108 | 125 | ||
| 109 | 126 | (C) To the extent feasible and practical, the plan will maximize the connectivity of lands for the purposes set forth in paragraph (1) of subdivision (a). | |
| 110 | 127 | ||
| 111 | 128 | (D) If the plan results in any net loss in acreage or habitat value of protected land in comparison to what was purchased with grant funds, the plan shall identify the additional replacement land within the preserve that the county shall acquire or dedicate to compensate for that loss. | |
| 112 | 129 | ||
| 113 | 130 | (E) An environmental review accompanies the land plan. | |
| 114 | 131 | ||
| 115 | 132 | (F) The land plan was provided to the department for its review and approval no less than 90 days prior to the countys adoption. The land plan must be approved by the department before it can be approved by the board. If the department does not approve or disapprove the land plan within 45 days of receipt, it must provide written comments to the county setting forth its concerns or suggested modifications to the county that could lead to the departments approval if the land plan was accordingly modified. | |
| 116 | 133 | ||
| 117 | 134 | (G) The county holds a public hearing before the board for the purpose of reviewing the land plan and taking public comment. The hearing shall be scheduled for a specific time during a regularly scheduled meeting of the board, and shall be separately noticed and publicized. | |
| 118 | 135 | ||
| 119 | 136 | (H) The land plan and environmental review demonstrate that there is no net loss in acreage or habitat value as a result of implementation of the plan. | |
| 120 | 137 | ||
| 121 | 138 | (I) The initial land plan approved by the county and the department may be amended from time to time by the county so long as it follows the same steps required for approving the initial plan, including approval by the department. | |
| 122 | 139 | ||
| 123 | 140 | (2) To implement the adopted land plan, the county shall take the following steps, which are required to fulfill the adopted land plan as well as any other actions that may be necessitated by the land plan: | |
| 124 | 141 | ||
| 125 | 142 | (A) By April 1, 2012, the county shall record a conservation easement for the purposes set forth in paragraph (1) of subdivision (a) on each property identified for retention in the adopted plan. | |
| 126 | 143 | ||
| 127 | 144 | (B) Within 90 days of the acquisition of any property in fee title, the county shall record a conservation easement or deed restriction on the property for the purposes set forth in paragraph (1) of subdivision (a). | |
| 128 | 145 | ||
| 129 | 146 | (C) If the plan identifies a net loss in acreage or habitat value of protected lands, the county shall acquire or dedicate additional replacement land or conservation easements within the preserve to compensate for that loss no later than one year following the sale of the last property to be disposed. Any conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a). | |
| 130 | 147 | ||
| 131 | 148 | (D) If the county acquires a conservation easement through purchase or exchange in furtherance of the plan, the conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a). | |
| 132 | 149 | ||
| 133 | 150 | (E) Prior to closing any real property transactions with respect to the land plan, the county shall submit independent appraisals of the land to be sold or exchanged and the land to be acquired to the department for concurrence with state appraisal standards. The county and department shall make these appraisals available to the public no later than 60 days following the sale or exchange of the last property to be disposed. | |
| 134 | 151 | ||
| 135 | - | (F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement or deed restriction, it shall provide the reasons in writing to the county. | |
| 152 | + | (F) Before recordation, each conservation easement or deed restriction shall be approved by the department. Each conservation easement or deed restriction shall be in perpetuity. The department shall review and approve or disapprove each conservation easement or deed restriction within 60 days of receipt from the county. If the department disapproves the conservation easement, easement or deed restriction, it shall provide the reasons in writing to the county. | |
| 136 | 153 | ||
| 137 | - | (d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. | |
| 154 | + | (d) (1) After the approved land plan is fully implemented, the county shall provide a report to the department on all expenditures and revenues from all of the sales or exchanges of land under the land 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. If there are unexpended proceeds from the sales or exchanges of land under the land plan, the county may propose a plan to the department for the expenditure of these funds for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds. | |
| 138 | 155 | ||
| 139 | - | (2) The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat. | |
| 156 | + | (2) With the exception of revenues from the sale or exchange of land, the The county may use the revenues from the sale or exchange of land authorized by subdivision (a) and 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 herein, 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. any land the county owns, has a conservation easement in or deed restriction on, or leases from the federal government or a 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 this division, but is not limited to, playgrounds, recreational venues, sporting venues, amphitheaters, preservation of historical resources, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat. | |
| 140 | 157 | ||
| 141 | - | (3) All proposed uses of the funds from the sales or exchanges of land shall be | |
| 158 | + | (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). | |
| 142 | 159 | ||
| 143 | 160 | (e) If the county fails to adopt a detailed land plan by December 31, 2011, that satisfies the criteria outlined in this section, it may apply to the department to extend the deadline specified in subdivision (c) to a specific different date. Elements or requirements of the land plan shall not be eliminated or substantively modified as part of the extension. The department shall review and approve or disapprove the request to extend the deadline within 60 days of receipt from the county. If the department disapproves the request for extension or modifies the requested date of the extension, it shall provide the reasons in writing to the county. If the county does not apply for an extension of the deadline or the department does not approve an amendment, the county shall record a conservation easement on all lands purchased within the preserve with grant funds no later than June 1, 2012. Before recordation, each conservation easement shall be approved by the department. Each conservation easement shall be for the purposes set forth in paragraph (1) of subdivision (a), and each shall be in perpetuity. The department shall review and approve or disapprove each conservation easement within 60 days of receipt from the county. If the department disapproves the conservation easement, it shall provide the reasons in writing to the county. | |
| 144 | 161 | ||
| 145 | 162 | (f) This section does not exempt the county from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). | |
| 146 | 163 | ||
| 147 | 164 | SEC. 2. Section 1 of this act is an amendment to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code) within the meaning of Section 6 of that act, and is consistent with the purpose of that act. | |
| 148 | 165 | ||
| 149 | 166 | SEC. 2. Section 1 of this act is an amendment to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code) within the meaning of Section 6 of that act, and is consistent with the purpose of that act. | |
| 150 | 167 | ||
| 151 | 168 | SEC. 2. Section 1 of this act is an amendment to the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code) within the meaning of Section 6 of that act, and is consistent with the purpose of that act. | |
| 152 | 169 | ||
| 153 | 170 | ### SEC. 2. | |
| 171 | + | ||
| 172 | + | ||
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (a)Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following: | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (1)Steal, remove, or secrete. | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | (2)Destroy, mutilate, or deface. | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | ||
| 188 | + | (3)Alter or falsify. | |
| 189 | + | ||
| 190 | + | ||
| 191 | + | ||
| 192 | + | (b)For the purposes of this section, a social worker, their designee, and their supervisor are considered officers. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | ||
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (a)Any person who, under circumstances or conditions likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years. | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (b)Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, 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 willfully causes or permits that child to be placed in a situation where their person or health may be endangered, is guilty of a misdemeanor. | |
| 205 | + | ||
| 206 | + | ||
| 207 | + | ||
| 208 | + | (c)For the purposes of this section, 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. | |
| 209 | + | ||
| 210 | + | ||
| 211 | + | ||
| 212 | + | (d)If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation: | |
| 213 | + | ||
| 214 | + | ||
| 215 | + | ||
| 216 | + | (1)A mandatory minimum period of probation of 48 months. | |
| 217 | + | ||
| 218 | + | ||
| 219 | + | ||
| 220 | + | (2)A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions. | |
| 221 | + | ||
| 222 | + | ||
| 223 | + | ||
| 224 | + | (3)(A)Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports. | |
| 225 | + | ||
| 226 | + | ||
| 227 | + | ||
| 228 | + | (B)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees. | |
| 229 | + | ||
| 230 | + | ||
| 231 | + | ||
| 232 | + | (4)If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by their probation officer. | |
| 233 | + | ||
| 234 | + | ||
| 235 | + | ||
| 236 | + | (5)The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver. | |
| 237 | + | ||
| 238 | + | ||
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. |