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AB-1086 Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area.(2019-2020)

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Date Published: 09/20/2019 09:00 PM
AB1086:v93#DOCUMENT

Enrolled  September 20, 2019
Passed  IN  Senate  September 13, 2019
Passed  IN  Assembly  September 13, 2019
Amended  IN  Senate  September 06, 2019
Amended  IN  Senate  June 11, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  April 02, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1086

Introduced by Assembly Member Bauer-Kahan
(Principal coauthor: Senator Glazer)

February 21, 2019

An act to add Section 5090.42 to the Public Resources Code, relating to parks and recreation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1086, Bauer-Kahan. Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area.
The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law creates the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including certain fees received by the department for the use of state vehicular recreation areas. Existing law requires the revenues in the fund to be available, upon appropriation, for grants and cooperative agreements, as specified, the support of the division, and the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas.
This bill would authorize the department to dispose of the portion of the Carnegie State Vehicular Recreation Area known as the “Alameda-Tesla Expansion Area” to permanently preserve that land for conservation purposes, as specified, if the department determines that disposing of the land is in the public interest. The bill would require that the land only be sold to a local agency or nonprofit organization for use as a park or other open-space purpose, as specified. The bill would require any revenue from the disposition of the land to, upon appropriation by the Legislature, first be used to reimburse the Department of General Services for any cost or expense incurred in the disposition of the land, and then would require any remaining revenue to be deposited in the Off-Highway Vehicle Trust Fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5090.42 is added to the Public Resources Code, to read:

5090.42.
 (a) Notwithstanding Sections 11011 and 11011.1 of the Government Code, the department may dispose of the portion of the Carnegie State Vehicular Recreation Area known as the “Alameda-Tesla Expansion Area,” which encompasses approximately 3,100 acres in the County of Alameda, to permanently preserve that land for conservation purposes by sale of a perpetual recorded conservation easement deed restriction or fee title if the department, after holding a public hearing on the matter and in consultation with stakeholders, determines that disposing of the land is in the public interest.
(b) (1) If the department determines that disposing of the land is in the public interest, the Department of General Services may sell the land or otherwise dispose of the land pursuant to this authorization upon any terms and conditions and subject to any reservations and exceptions that the Department of General Services deems to be in the best interests of the state.
(2) The Department of General Services shall sell the land only to a local agency or nonprofit organization for use as a park or other open-space purpose. The land shall be sold for no less than the original purchase price based on the actual parcels to be included in the sale.
(3) For purposes of this subdivision, “park or other open-space purpose” means a use of the land’s natural resources that is consistent with a conservation purpose, including preservation of native biological diversity, wildlife habitats, and cultural resources, the enjoyment of scenic beauty, and nonmotorized public recreation.
(c) Any revenue from the disposition of the land shall, upon appropriation by the Legislature, first be used to reimburse the Department of General Services for any cost or expense incurred in the disposition of the land, and then any remaining revenue shall be deposited in the fund.