Land use: mitigation lands.

The Planning and Zoning Law authorizes a state or local agency, where that agency requires a project proponent to transfer property to mitigate adverse project impacts upon natural resources, to in turn authorize a government entity, special district, or any of certain types of parties to hold title to, and manage, the transferred property. Existing law allows a state or local agency that has required such a transfer of property for mitigation purposes to identify the funding needs for the long-term stewardship of the property, and establishes various requirements with respect to the amount and management of any endowment conveyed or secured for purposes of funding the protection of the property. Existing law authorizes a state or local agency that, in the development of its own project is required to protect property in order to mitigate an adverse impact upon natural resources, to take any action that the agency deems necessary to meet its mitigation obligations, including, but not limited to, transferring the interest to specified entities, providing funds to specified entities to acquire land or easements or to implement a restoration or enhancement project, or holding an endowment in an account administered by an elected official, as provided. This bill would authorize a regional park district, regional park and open-space district, and regional open-space district to meet the mitigation obligation by possessing budget reserves in excess of funds required to, among other things, meet the mitigation obligation and retain permanent stewardship and maintenance staff to manage the resource. This bill would make legislative findings and declarations, including findings and declarations demonstrating the necessity of a special statute with respect to a particular district.