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

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Date Published: 02/19/2021 09:00 PM
AB1390:v99#DOCUMENT


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1390, as introduced, 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 bill would repeal the above requirements.
(2) 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 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) 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.
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.
6201.5.

The commission shall prepare a master plan for all school and lieu lands under its jurisdiction. Such plan shall include a recreational element which requires, to the extent possible, that lands be maintained in a natural state, and shall incorporate a multiple use concept for land use planning. Such plan shall also include provision for beneficial uses of state school and lieu lands. Such beneficial uses include, but are not limited to, reforestation, timber stand improvement, alternative fuels management, range conservation, access acquisition, hazard removal and control, environmental rehabilitation, the development and maintenance of recreational trails, including foot trails and trails for motorized vehicles, the development and maintenance of water oriented recreational facilities, the identification and maintenance of primitive campsites, programs for encouraging environmentally sound mineral exploration and extraction, and the rehabilitation of lands impacted by mineral exploration or extraction. The plan shall also provide that any alterations to or development of state school or lieu lands should attempt to maintain the lands as nearly as possible in the condition existing prior to alteration or development. The commission shall annually revise such plan to include new lands under its jurisdiction. The master plan shall, to the extent possible, be prepared from funds otherwise available to the commission.

SEC. 2.

 Section 6205 of the Public Resources Code is repealed.
6205.

The commission shall, after the survey of any township by the United States, obtain from the United States Land Office a statement, showing whether or not the sixteenth and thirty-sixth sections therein belong to the State.

SEC. 3.

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

6210.5.
 No lands owned by the State, which lands provide the only convenient means of access to other lands owned by the State, shall ever be sold, leased or rented without reserving therefrom to the State and its successors in interest in the other lands, an easement for convenient access to the other lands.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.
6373.

Before any 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.

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 may be payable from the fund, provided that those costs shall not exceed 5 percent of the expended funds. 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.