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SB-948 Conservation easements: central public registry.(2017-2018)

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Date Published: 01/30/2018 09:00 PM
SB948:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 948


Introduced by Senator Allen

January 30, 2018


An act to amend Section 5096.520 of the Public Resources Code, relating to conservation easements.


LEGISLATIVE COUNSEL'S DIGEST


SB 948, as introduced, Allen. Conservation easements: central public registry.
Under existing law, a conservation easement is a limitation in a recorded instrument designed to retain land predominantly in its natural, scenic, historical, agricultural, forested, on open-space condition. Existing law requires the Secretary of the Natural Resources Agency to establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000, as prescribed. Existing law requires the registry to be updated biennially.
This bill would require the registry to be updated biennially or more frequently at the discretion of the secretary.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5096.520 of the Public Resources Code is amended to read:

5096.520.
 (a) The Secretary of the Natural Resources Agency shall establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000. In constructing the registry, the Natural Resources Agency shall draw upon the Department of General Services’ property inventory, and other information held by a state agency, department, division, or other sources.
(b) For the purposes of this section, “conservation easement” means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, that has been executed by or on behalf of the owner of the land that is subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. “Conservation easement” includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of the Government Code, and an agricultural conservation easement as defined in Section 10211.
(c) The registry shall only include the following information on each conservation easement that is listed in the registry:
(1) The assessor’s parcel numbers for the property covered by the easement.
(2) The purpose of the easement.
(3) The location of the easement, identified by county and nearest city.
(4) The identity of the easementholder.
(5) The size of the easement in acres.
(6) The date the easement transaction was recorded.
(7) The amount of funding provided by the agency, department, or division of the state holding or requiring the easement or providing state grant funds for the easement.
(d) An agency, department, or division of the state with conservation easements that are held or required by the state or purchased with state grant funds shall enter and keep current the information specified in subdivision (c) for those easements in the registry established pursuant to this section.
(e) On or before January 1, 2009, the The Secretary of the Natural Resources Agency shall make the registry available for use by the general public. Only the information pertaining relating to paragraphs (2) to (6), inclusive, of subdivision (c) regarding conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2006, shall be provided by the Secretary of the Natural Resources Agency on the Internet. Personal identifying information shall not be posted on the Internet. The registry shall be updated biennially biennially or more frequently at the discretion of the secretary.