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AB-1390 State lands: school and lieu lands.(2021-2022)

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Date Published: 04/19/2021 09:00 PM
AB1390:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1390


Introduced by Assembly Member Boerner Horvath

February 19, 2021


An act to amend Sections 6210.5, 6373, 8709, and 8712 of, and to repeal Sections 6201.5, 6205, and 6373 6201.5 and 6205 of, the Public Resources Code, relating to state lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 1390, as amended, Boerner Horvath. State lands: school and lieu lands.
(1) Existing law grants to the State Lands Commission control over specified public lands in the state, including indemnity lands selected in lieu of specified land granted to the state by the United States for the use of public schools that was lost.
Existing law requires the commission to prepare a master plan for all school and lieu lands under its jurisdiction. Existing law requires, before any disposition of state lands to a private party or governmental agency, the intended recipient of the lands to submit a general plan for the use of the lands to the commission and Legislature, as prescribed. Existing law requires the commission to obtain a statement from the United States Land Office after the survey of any township by the United States, as specified.

The

This bill would repeal the above requirements.
(2) Existing law requires, before any disposition of state lands to a private party or governmental agency, the intended recipient of the lands to submit a general plan for the use of the lands to the commission and Legislature, as prescribed.
This bill would instead require, at least 10 days before the disposition, the commission to notify, by letter, the chair of the relevant policy committees of the Legislature and each Member of the Legislature in whose district any part of the state lands is located of the proposed disposition, and to make the information regarding the proposed disposition publicly available on its internet website.

(2)

(3) Existing law prohibits the sale, lease, or rental of state lands that provide the only convenient means of access to other state lands, without reserving an easement for convenient access to the other lands to the state and its successors in interest.

The

This bill would make an exception to this requirement to reserve an easement when the commission determines that it is in the best interests of the state.

(3)

(4) Existing law, the School Land Bank Act vests with the commission, as a trustee, the exclusive jurisdiction and authority to administer the School Land Bank Fund and authorizes the commission to acquire real property or any interest in real property with the objective of facilitating management of school lands for the purpose of generating revenue. The act authorizes the payment of the costs and expenses of the acquisition of real property, in addition to the purchase price, from the fund, provided that those costs do not exceed 5% of the expended funds.
This bill would authorize the commission to delegate authority to the commission’s executive officer to make nonrefundable down payments on potential acquisitions of real property or any interest in real property. The bill would remove the above-described limitation on costs and expenses paid from the fund. fund, and would specify that these costs and expenses include, but are not limited to, the fees and expenses of appraisals, escrow, broker’s fees, title insurance, and other third-party costs.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 6201.5 of the Public Resources Code is repealed.

SEC. 2.

 Section 6205 of the Public Resources Code is repealed.

SEC. 3.

 Section 6210.5 of the Public Resources Code is amended to read:

6210.5.
 Whenever the commission sells or leases lands that provide the only convenient access to other lands owned by the state, the commission shall reserve an easement for convenient access to the other lands, unless the commission determines that selling or leasing the lands without the easement is in the best interests of the state.

SEC. 4.Section 6373 of the Public Resources Code is repealed.

SEC. 4.

 Section 6373 of the Public Resources Code is amended to read:

6373.
 Before any At least 10 days before a disposition of state lands to a private party or other governmental agency, the intended recipient of such lands shall submit to the commission and to the Legislature a general plan, as specified by the commission, for the use of the subject lands to be transferred, together with the review and comments of other interested state agencies. commission shall notify, by letter, the chair of the relevant policy committees of the Legislature and each Member of the Legislature in whose district any part of the state lands is located of the proposed disposition, and make the information regarding the proposed disposition publicly available on the commission’s internet website.

SEC. 5.

 Section 8709 of the Public Resources Code is amended to read:

8709.
 In addition to the purchase price to be paid, the costs and expenses attributable to the acquisition acquisition, including, but not limited to, the fees and expenses of appraisals, escrow, broker’s fees, title insurance, and other third-party costs, may be paid from the fund.

SEC. 6.

 Section 8712 of the Public Resources Code is amended to read:

8712.
 The trustee may acquire real property or any interest in real property with the objective of facilitating management of school lands for the purpose of generating revenue. The trustee may delegate authority to the trustee’s executive officer to make a nonrefundable down payment for a potential acquisition of real property or any interest in real property.