Today's Law As Amended


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SB-1323 Public resources: land conservation acquisition: appraisal.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 5096.501 of the Public Resources Code is amended to read:

5096.501.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Acquisition agency” means the Wildlife Conservation Board, the Department of Parks and Recreation, or a state conservancy. Board or the State Coastal Conservancy. 
(b) “Conservation lands” land”  means any  land or an  interest therein  in land  to be acquired by an acquisition agency, or that is owned by the state. state and under the jurisdiction of the Wildlife Conservation Board, the State Coastal Conservancy, the Department of Fish and Game, or the Department of Parks and Recreation. “Conservation land” includes, but is not limited to, land or an interest in land that is acquired through a state-funded grant from an acquisition agency. 
(c) “Major acquisition” means an acquisition for which one or more agencies propose  where an agency proposes  to spend more than fifteen twenty-five  million dollars ($15,000,000) ($25,000,000)  of state funds.
(d) “Project partner” means a public agency or nonprofit organization that is seeking state funding for itself or for another public agency or nonprofit organization, from an acquisition agency for the acquisition of conservation lands.
(e) “Specialty interests” means those partial property interests that may exist on a property and that can require specialized knowledge and experience to value, including, but not limited to, timber, water, minerals, or carbon credits.

SEC. 2.

 Section 5096.512 of the Public Resources Code is amended to read:

5096.512.
 (a) In addition to the review by the Department of General Services pursuant to Section 1348.2 of the Fish and Game Code, the appraisal prepared for a major acquisition of land  pursuant to Section 5096.511  shall be reviewed by a qualified independent appraiser retained by the acquisition agency for this purpose, and who meets the following conditions:
(1) The review appraiser did not conduct the appraisal pursuant to Section 5096.510 5096.511  and has no financial interest in the major acquisition.
(2) The review appraiser is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code.
(b) The review appraiser shall review the appraisal and prepare an appraisal review report, in a narrative format,  report  that does all of the following:
(1) Summarizes the appraisal.
(2) States the basis on which the value of the land was established.
(3) Describes the standards used to prepare the appraisal.
(4) Determines whether or not the appraisal meets the standards established under the Uniform Standards of Professional Appraisal Practice.
(c) The appraisal review report need not include any proprietary information provided by or on behalf of the seller or that is otherwise exempt from public disclosure pursuant to the California Public Records Act (Division 10 (Chapter 3.5  (commencing with Section 7920.000) of  6250) of Division 7 of  Title 1 of the Government Code).
(d) (1) If a major acquisition of conservation lands will be approved by more than one acquisition agency and each acquisition agency complies with paragraph (2), not more than one independent appraisal is required pursuant to Section 5096.510, 5096.511,  and not more than one appraisal review report is required pursuant to this section.
(2) Paragraph (1) is applicable if each acquisition agency does all of the following:
(A) Utilizes the independent appraisal and appraisal review report, as required by this chapter.
(B) Makes an independent determination of whether to approve the major acquisition of conservation lands.
(C) Complies with all of the public disclosure and independent review requirements of this chapter.
(e) An acquisition agency shall not utilize property acreage as a categorical threshold to impose an independent review of an appraisal pursuant to this section. However, this prohibition does not prohibit an agency from otherwise considering possible impacts from the acquisition of a large acreage property. By January 1, 2010, the Department of General Services shall, pursuant to a contract with a qualified organization, develop and a set of appraisal standards for conservation lands that includes standards for all of the following: 
(1) Commissioning an appraisal.
(2) Qualification of the appraiser.
(3) The scope of the analysis and the level of information provided in the appraisal report.
(4) The timing of the appraisal in the transaction process.
(5) The use of government and conservation transactions as comparable sales.
(6) The information that is required to be provided to the appraiser.
(7) The valuation of the conservation easements.
(8) The independence of the appraiser.