§ 118.7. — 118.7. (Added by Stats. 2003, Ch. 503, Sec. 1.)

California § 118.7.

• Jurisdiction: California
• Code SHC: Streets and Highways Code - SHC
• Div. 1.: DIVISION 1. STATE HIGHWAYS
• Ch. 1.: CHAPTER 1. Administration
• Art. 3.: ARTICLE 3. The Department of Transportation

Text

(a)
The department may, upon terms, standards, and conditions approved by the commission and the California Coastal Commission, transfer environmental mitigation property located within the city limits of Huntington Beach to a public agency or to a nonprofit corporation that is qualified pursuant to Section 501(c)(3) of the Internal Revenue Code and is organized for, among other things, open-space or land conservation purposes.
(b)
For the purposes of this section, “environmental
mitigation property,” means property owned by the department that is required by state or federal law, or by permit conditions imposed by a state or federal agency, to be preserved or restored as natural habitat to offset the environmental impacts caused by the construction and operation of a state highway improvement project. However, “environmental mitigation property” does not include property that is part of highway operating right of way. Environmental mitigation property shall be maintained as natural habitat in accordance with the permit conditions. “Environmental mitigation property” means property situated immediately east and adjacent to State Highway Route 1 located between Brookhurst Street and Newland Street with an approximate size of 7.1 acres.
(c)
As a condition to the transfer of environmental mitigation property pursuant to subdivision (a), the department may enter into a cooperative agreement with the transferee to provide
funding for the future maintenance of the property consistent with any permit conditions and mitigation requirements imposed by state or federal law or conditions imposed by a state or federal agency. In determining the amount of the funding provided, the department shall consider the costs of maintaining the property and shall offset from the amount of those costs any benefit or value received by the transferee as a result of the transfer.
The department shall provide the fiscal and transportation policy committees of the Legislature with at least 30 days prior written notice of the transfer and cooperative agreement, and the amount of any funding in accordance with the transfer and cooperative agreement, to facilitate the Legislature’s review of the transfer.
Funding provided as part of a transfer agreement shall be limited to a single occurrence.
(d)
(1)
The public agency or nonprofit corporation to which the department transfers the environmental mitigation property shall assume the long-term responsibility for the future maintenance of the property.
(2)
(A)
If the public agency or nonprofit corporation fails to maintain the property in the manner required by law and in the manner described in subdivision (b), or if the nonprofit corporation ceases to exist, the property shall automatically revert to the department.
(B)
If the property reverts back to the department pursuant to this paragraph, any remaining funds from the original transfer pursuant to subdivision (a) shall revert back to the department.
(C)
Any costs, including legal costs, associated with reversion pursuant to this paragraph shall
not accrue to the department.
(e)
(1)
All deeds conveying property in accordance with this section shall include a restriction limiting the use of the property solely for environmental mitigation purposes in accordance with the permit conditions specified in subdivision (b).
(2)
All deeds conveying property in accordance with this section and deeds related to a transfer or assignment of property under this section shall be filed with the county recorder’s office in the county where the property is located.
(f)
The public agency or nonprofit corporation to which the department transfers environmental mitigation property shall not do any of the following:
(1)
Transfer or assign the property to another entity without approval from the
department and compliance with this section.
(2)
Transfer or use the property for any other purpose than required by permit conditions and mitigation requirements.
(3)
Subdivide the property.
(4)
Allow the property to be used to obtain development approval for other property or to provide mitigation for the development of other property.

Legislative History

Added by Stats. 2003, Ch. 503, Sec. 1. Effective January 1, 2004.