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SB-1316 Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
SB1316:v97#DOCUMENT

Amended  IN  Assembly  August 06, 2018
Amended  IN  Senate  April 30, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1316

Introduced by Senator Glazer
(Principal coauthor: Assembly Member Baker)
(Coauthors: Senators Galgiani, Hill, Wieckowski, and Wiener)
(Coauthors: Assembly Members Berman, Bonta, Chu, Grayson, Levine, Quirk, and Ting)

February 16, 2018

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


LEGISLATIVE COUNSEL'S DIGEST


SB 1316, as amended, Glazer. 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 establishes the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including 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 authorize the Director of General Services to transfer the land to a local agency or nonprofit organization for less than fair market value if the local agency or nonprofit organization agrees to use the land as a park or for another open-space purpose. The bill would require any revenue from the disposition of the land to be deposited in the fund for the purchase of land for off-highway vehicle recreation by the department. require that the land only be sold to a local agency or nonprofit organization for use as a park or another open space purpose, as specified. The bill would require any revenue from the disposition of the land to be deposited in the Off-Highway Vehicle Trust Fund for the purchase, by the department, of land for off-highway vehicle recreation.
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 public hearings 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 Director of General Services may transfer shall sell the land only to a local agency or nonprofit organization for less than fair market value if the local agency or nonprofit organization agrees to use the land as a park or for another open-space purpose. for use as a park or another open-space purpose. The land shall be sold for not less than the fair market value as appraised by the Department of General Services for use as dedicated open space.
(3) The Department of General Services shall sell the land only if the sale of the land and any related transactions will result in at least nine million dollars ($9,000,000) being deposited into the fund.

(3)

(4) For purposes of this subdivision, “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, enjoyment of scenic beauty, and nonmotorized public recreation.
(c) Any revenue from the disposition of the land shall be deposited in the fund for the purchase, by the department, of land for off-highway vehicle recreation.