AB 721

AB721:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 721

An act to add Division 22.6 (commencing with Section 32540) to the Public Resources Code, relating to conservancies.

LEGISLATIVE COUNSEL'S DIGEST

AB 721, as amended, Soria. Huron Hawk Conservancy.

Existing law authorizes various conservancies to acquire, manage, direct the management of, and conserve lands in the state.

This bill bill, upon appropriation by the Legislature or approval of a general obligation bond, as provided, would establish the Huron Hawk Conservancy within the Natural Resources Agency for specified purposes related to the Huron Hawk area, as defined, including to acquire and manage public lands within the Huron Hawk area and to provide recreational, open space, wildlife habitat restoration and protection, and lands for educational uses within the area. The bill would require the conservancy to be governed by a board of directors composed of designated membership, including certain members appointed by certain local agencies. The bill would set forth the powers, duties, and limitations of the board of directors and the conservancy, as provided. The bill would create the Huron Hawk Conservancy Fund and would make moneys in the fund available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of these provisions. The bill would authorize the conservancy to accept revenue generated and contributed to the conservancy by member agencies, as defined, which the bill would require to be deposited into the fund. The bill would also authorize the conservancy to accept revenue, money, grants, goods, and services contributed to the conservancy by a public agency, private entity, or person, and would require the revenue, money, and grants to be deposited into the fund. By imposing new duties on local agencies, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

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

SECTION 1.

Division 22.6 (commencing with Section 32540) is added to the Public Resources Code, to read:

DIVISION 22.6. Huron Hawk Conservancy

CHAPTER 1. General Provisions

32540.

This division shall be known, and may be cited, as the Huron Hawk Conservancy Act.

32540.1.

The Legislature finds and declares all of the following:

(a) The San Luis Canal Westside Detention Basin within the County of Fresno and near the City of Huron consists of an area with important opportunities for ecological, recreational, educational, and economic benefits to the neighboring central valley area, and is the largest publicly owned riparian habitat in the Tulare Basin.

(b) The City of Huron recognized the multibenefit potential of this area, having requested the United States National Park Service in 2022 for assistance in transforming the land into a regional park and nature reserve. In 2023, the National Park Service Rivers, Trails, and Conservation Assistance program selected the area to receive technical assistance.

(c) The project site is owned by the United States Bureau of Reclamation and comanaged by the Department of Water Resources, in addition to being monitored by the United States Environmental Protection Agency.

(d) Given the unique unutilized potential of the 3,000 acre area, the San Luis Canal Westside Detention Basin should be revitalized for the benefit of the surrounding community.

(e) The Huron Hawk Conservancy should be transformed in a coordinated effort with the local community to utilize its potential ecological benefits for the surrounding environment, economic benefits for the neighboring communities, and recreational benefits for those within the central valley.

CHAPTER 2. Definitions

32541.

As used in this division, the following definitions apply:

(a)“Huron Hawk area” means the land area north of the City of Huron, bordered on the east by the San Luis Canal, bordered on the west by South Trinity Avenue, bordered on the south by West Marmon Avenue, and including a spur of land extending along the east side of Lassen Avenue to a point between West Marmon Avenue and Palmer Avenue.

(b)

(a) “Board” means the governing board of the Huron Hawk Conservancy.

(c)

(b) “Conservancy” means the Huron Hawk Conservancy established pursuant to Section 32542.

(d)

(c) “Fund” means the Huron Hawk Conservancy Fund established pursuant to Section 32542.1.

(d) “Huron Hawk area” means the land area north of the City of Huron, bordered on the east by the San Luis Canal, bordered on the west by South Trinity Avenue, bordered on the south by West Marmon Avenue, and including a spur of land extending along the east side of Lassen Avenue to a point between West Marmon Avenue and Palmer Avenue.

(e) “Member agencies” means the County of Fresno, the City of Huron, the Wildlife Conservation Board, the Natural Resources Agency, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Finance, and the State Lands Commission.

(f) “Nonprofit organization” means an exempt organization under Section 501(c)(3) of Title 26 of the Internal Revenue Code.

CHAPTER 3. Conservancy

32542.

(a) The Huron Hawk Conservancy is hereby created as a state agency within the Natural Resources Agency for all of the following purposes:

(1) To acquire and manage public lands within the Huron Hawk area and to provide recreational, open space, wildlife habitat restoration and protection, and lands for educational uses within the area.

(2) To acquire and manage open-space lands within the Huron Hawk area.

(3) To provide for the public’s enjoyment and to enhance the recreational and educational experience on public lands in the Huron Hawk area in a manner consistent with the protection of lands and resources in the area.

(b) The conservancy’s jurisdiction is limited to the Huron Hawk area.

32542.1.

The Huron Hawk Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be made available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of this division.

32542.2.

(a) The board shall consist of 12 members, appointed as follows:

(1) One member of the Board of Supervisors of the County of Fresno appointed by a majority of the members of the board of supervisors. A majority of the members of the board of supervisors may appoint an alternate member from the board of supervisors.

(2) The Mayor of the City of Huron or a member of the Huron City Council designated by that mayor. The mayor may designate an alternate member from the Fresno City Council.

(3) The Director of the Department of Parks, After School, Recreation, and Community Services of the County of Fresno or the director’s designee.

(4) Three public members, two of whom shall be residents of the County of Fresno and one of whom shall be a resident of the City of Huron. The These three public members shall be appointed in accordance with all of the following procedures:

(A) The Senate Committee on Rules shall appoint a resident of the County of Fresno from a list of candidates that includes two or more individuals provided by the Board of Supervisors of the County of Fresno. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support the Huron Hawk area, and candidates with a history of supporting outdoor recreation, conservation, environmental justice, or social justice issues. issues shall be prioritized. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Senate Committee on Rules. If the board of supervisors does not submit the list within that time, timeframe, the Senate Committee on Rules may appoint a resident of the County of Fresno nominated by nonprofit organizations that have a presence within the County of Fresno and support the Huron Hawk area, and candidates with a history of supporting outdoor recreation, conservation, environmental justice, or social justice issues. issues shall be prioritized.

(B) The Speaker of the Assembly shall appoint a resident of the County of Fresno from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Fresno County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support the Huron Hawk area, and candidates with a history of supporting outdoor recreation, conservation, environmental justice, or social justice issues. issues shall be prioritized. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Speaker of the Assembly. If the board of supervisors does not submit the list within that time, timeframe, the Speaker of the Assembly may appoint a resident of the County of Fresno nominated by nonprofit organizations that have a presence within the County of Fresno and support the Huron Hawk area, and candidates with a history of supporting outdoor recreation, conservation, environmental justice, or social justice issues. issues shall be prioritized.

(C) The Governor shall appoint the resident of the City of Huron from a list of candidates submitted by the Huron City Council.

(5) The Executive Director of the Wildlife Conservation Board or a member of the executive director’s staff designated by the executive director.

(6) The Secretary of the Natural Resources Agency or a member of the secretary’s staff designated by the secretary.

(7) The Director of Fish and Wildlife or a member of the director’s staff designated by the director.

(8) The Director of Parks and Recreation or a member of the director’s staff designated by the director.

(9) The Director of Finance or a member of the director’s staff designated by the director.

(10) The Executive Officer of the State Lands Commission or a member of the executive officer’s staff designated by the executive officer.

(b) Six of the members of the board shall constitute a quorum for the transaction of the business of the conservancy. The board shall not transact the business of the conservancy if a quorum is not present at the time a vote is taken. A decision of the board requires an affirmative vote of five of the members of the board, and the vote is binding with respect to all matters acted on by the conservancy.

32542.3.

(a) The members of the board shall serve for two-year terms. A vacancy on the board shall be filled within 60 days from its occurrence by the appointing authority.

(b) A person shall not continue as a member of the board if they cease to hold the office that qualifies them for board membership. Upon the cessation of holding that office, the person’s membership on the board shall automatically terminate.

32542.4.

The chairperson and vice chairperson of the board shall be selected by a majority of the members of the board for one-year terms.

32542.5.

Meetings of the board shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

32542.6.

The members of the board shall receive reimbursement for actual, necessary, and reasonable expenses. A member of the board who is not a full-time public employee shall be compensated at a rate not to exceed one hundred dollars ($100) per regular meeting, not to exceed 12 regular meetings a year. A member of the board may waive compensation.

32542.7.

The conservancy shall obtain and maintain adequate liability insurance or its equivalent for acts or omissions of the conservancy’s agents, employees, volunteers, and servants.

32542.8. The board shall adopt rules and procedures for the conduct of business by the conservancy.

CHAPTER 4. Powers and Duties

32543.

The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. The conservancy shall not have the power to levy a tax, regulate land use, or exercise the power of eminent domain.

32543.1.

The conservancy shall facilitate and coordinate the activities of its employees with the personnel of the Department of Parks and Recreation and the Department of Fish and Wildlife.

32543.2.

The conservancy may manage, operate, administer, and maintain lands and facilities owned by the conservancy. Lands acquired by the conservancy shall not be open to public use until the board determines there are adequate funds available for the management of those lands. The conservancy may adopt regulations governing the public use of conservancy lands and may provide for the enforcement of those regulations.

32543.3.

The conservancy may employ an executive officer and other staff to perform functions that cannot be provided by the existing personnel of member agencies on a contractual basis or by volunteers.

32543.4.

The conservancy may recruit and coordinate volunteers and experts to conduct recreational programs and to assist with construction projects and the maintenance of facilities.

32543.5.

The conservancy may determine acquisition priorities and may acquire real property or an interest in real property within the Huron Hawk area from willing sellers and at fair market value or on other mutually acceptable terms. The conservancy may acquire the property on its own or coordinate the acquisition through a member agency or other public agencies with appropriate responsibility and available funding or land to exchange.

32543.6.

The conservancy may provide technical assistance to landowners to ensure that their activities are compatible with or enhance the Huron Hawk area.

32543.7.

The conservancy may undertake site improvement projects; regulate public access; revegetate and otherwise rehabilitate degraded areas, in consultation with other public agencies with appropriate jurisdiction and expertise; upgrade deteriorating facilities; and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection. These projects may be undertaken by the conservancy on its own or by member agencies, with the conservancy providing overall coordination through setting priorities for projects and assuring uniformity of approach.

32543.8.

The conservancy may accept revenue generated and contributed to the conservancy by member agencies, which shall be deposited into the fund. Subject to Section 11005 of the Government Code, the conservancy may also accept revenue, money, grants, goods, and services contributed to the conservancy by a public agency, private entity, or person, and the revenue, money, and grants shall be deposited into the fund.

32543.9.

The conservancy may sue and be sued.

32543.10.

The conservancy may enter into a contract or joint powers agreement with a public agency, private entity, or person necessary for the proper discharge of the conservancy’s duties.

32543.11.

(a) The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division.

(b) Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions:

(1) The conservancy may acquire property at fair market value and consistent with the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), except that the acquisition price of lands acquired from public agencies shall be based on the public agencies’ cost to acquire the land.

(2) The conservancy shall approve the terms under which the interest in land is acquired.

(3) The interest in land acquired pursuant to a grant from the conservancy shall not be used as security for a debt incurred by the nonprofit organization unless the conservancy approves the transaction.

(4) The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interests of the conservancy.

(5) The conservancy 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 an essential term or condition of the grant is violated.

(6) 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 conservancy, except that, before that termination, 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, together with the conservancy’s approval, in writing.

(c) A deed or other instrument of conveyance whereby real property is acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the conservancy.

32543.12.

(a) Notwithstanding any other law, the conservancy may lease, rent, sell, exchange, or otherwise transfer real property, an interest in real property, or an option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity for management purposes pursuant to terms and conditions approved by the conservancy. The conservancy may request the Director of General Services to undertake these actions on its behalf.

(b) The conservancy may initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies, federal agencies, nonprofit organizations, individuals, or other entities and may enter into any other agreements authorized by state or federal law.

32543.13. This division shall become operative only upon appropriation by the Legislature in the annual Budget Act for purposes of the conservancy, or upon approval of a general obligation bond authorizing funds to be provided for purposes of the conservancy.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.