Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes the California Desert Conservation Program.

Highlights:

• Defines “board” as the Wildlife Conservation Board (Sec. 1-1452.a).

• Defines “department” as the Department of Fish and Wildlife (Sec. 1-1452.b).

• Alleges the Mojave and Colorado Deserts region in California, hereafter referred to as “the California deserts region,” are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use (Sec. 1.a).

• Specifies “California deserts region” includes the portions of the Mojave and Colorado Deserts, across 26 million acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area (Sec. 1-1452.f).

• Requires the board to create and administer, through the department, the program according to this law. The purpose and goal of the program is to do all of the following (Sec. 1-1453):

• Protect, preserve, and restore the region’s natural, cultural, and physical resources through the acquisition, restoration, and management of lands;

• Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species;

• Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity and protecting soil carbon stores by limiting ground disturbance;

• Protect and improve air quality and water resources within the region; and

• Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.

• Requires the board to approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies (Sec. 1-1454).

• Authorizes the board to allow the department to do all of the following (Sec. 1-1456):

• Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property;

• Coordinate its activities under the program with any governmental program for surplus real property sales in the state;

• Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program; and

• Exercise any authority and comply with the requirements contained in this law, as appropriate, to preserve and enhance desert habitat for purposes of this law.

• Establishes grants to nonprofit organizations for the acquisition of real property or interests therein will be subject to all of the following conditions (Sec. 1-1457):

• The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board;

• The board approves the terms under which the interest in real property is acquired;

• The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction;

• The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state;

• The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated; and

• If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and will set forth the executory interest or right of entry on the part of the state.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the California Desert Conservation Program.

Highlights:

• Defines “board” as the Wildlife Conservation Board (Sec. 1-1452.a).

• Defines “department” as the Department of Fish and Wildlife (Sec. 1-1452.b).

• Alleges the Mojave and Colorado Deserts region in California, hereafter referred to as “the California deserts region,” are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use (Sec. 1.a).

• Specifies “California deserts region” includes the portions of the Mojave and Colorado Deserts, across 26 million acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area (Sec. 1-1452.f).

• Requires the board to create and administer, through the department, the program according to this law. The purpose and goal of the program is to do all of the following (Sec. 1-1453):

• Protect, preserve, and restore the region’s natural, cultural, and physical resources through the acquisition, restoration, and management of lands;

• Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species;

• Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity and protecting soil carbon stores by limiting ground disturbance;

• Protect and improve air quality and water resources within the region; and

• Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access.

• Requires the board to approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies (Sec. 1-1454).

• Authorizes the board to allow the department to do all of the following (Sec. 1-1456):

• Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property;

• Coordinate its activities under the program with any governmental program for surplus real property sales in the state;

• Award grants to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program; and

• Exercise any authority and comply with the requirements contained in this law, as appropriate, to preserve and enhance desert habitat for purposes of this law.

• Establishes grants to nonprofit organizations for the acquisition of real property or interests therein will be subject to all of the following conditions (Sec. 1-1457):

• The purchase price of any interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the board;

• The board approves the terms under which the interest in real property is acquired;

• The interest in real property acquired pursuant to a grant from the board shall not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction;

• The transfer of real property acquired pursuant to a grant shall be subject to the approval of the board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state;

• The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated; and

• If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, before that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and will set forth the executory interest or right of entry on the part of the state.

Full Bill Text