SB 630: State parks: real property: acquisitions and leases.

11005.

(a) (1) Unless the Legislature specifically provides that approval is not required, every gift or dedication to the state of personal property, or every gift to the state of real property in fee or in any lesser estate or interest, shall be approved by the Director of Finance.

(2) Unless the Legislature specifically provides that approval is not required, every contract for the acquisition or hiring of real property in fee or in any lesser estate or interest, entered into by or on behalf of the state, shall be approved by the Director of General Services, unless the approval is waived by the director.

(3) Any contract entered into in violation of this section is void. This section applies to any state agency that, by general or specific statute, is expressly or impliedly authorized to enter into transactions referred to in this section.

(b) This section does not apply to any of the following:

(1) Unconditional gifts of money.

(2) The acquisition or hiring by the Department of Transportation of real property in fee or in any lesser estate or interest for highway purposes, but this section does apply to the hiring by that department of office space in any office building.

(3) Contracts entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) The receipt of donated, unencumbered personal property from private sources received in conjunction with the administration of the Federal Surplus Personal Property Program by the Department of General Services.

(5) The receipt of gifts of personal property in the form of interpretive or historical objects, each valued at fifteen thousand dollars ($15,000) or less, by the Department of Parks and Recreation.

(6) The acceptance by the State Coastal Conservancy of offers to dedicate public accessways made pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code.

(7) The acquisition or hiring by the High-Speed Rail Authority of real property in fee or in any lesser estate or interest for high-speed rail purposes, but this section does apply to the hiring by that authority of office space in any office building.

(8) The acquisition by the Department of Parks and Recreation of real property in fee or in any lesser estate or interest for park purposes, when the following conditions are met:

(A) The acquisition is not for creating a new unit of the state park system.

(B) The consideration to be paid by the Department of Parks and Recreation for the acquisition does not exceed one million dollars ($1,000,000).

(C) At the time of the acquisition, the property does not require capital improvements or additional resources that cannot be absorbed within existing resources available to the Department of Parks and Recreation.

(D) Public notice has been given, and a public meeting has been held, pursuant to subdivision (c) of Section 5006.1 of the Public Resources Code.

(c) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

11005.

(a) (1) Unless the Legislature specifically provides that approval is not required, every gift or dedication to the state of personal property, or every gift to the state of real property in fee or in any lesser estate or interest, shall be approved by the Director of Finance.

(2) Unless the Legislature specifically provides that approval is not required, every contract for the acquisition or hiring of real property in fee or in any lesser estate or interest, entered into by or on behalf of the state, shall be approved by the Director of General Services, unless the approval is waived by the director.

(3) Any contract entered into in violation of this section is void. This section applies to any state agency that, by general or specific statute, is expressly or impliedly authorized to enter into transactions referred to in this section.

(b) This section does not apply to any of the following:

(1) Unconditional gifts of money.

(2) The acquisition or hiring by the Department of Transportation of real property in fee or in any lesser estate or interest for highway purposes, but this section does apply to the hiring by that department of office space in any office building.

(3) Contracts entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) The receipt of donated, unencumbered personal property from private sources received in conjunction with the administration of the Federal Surplus Personal Property Program by the Department of General Services.

(5) The receipt of gifts of personal property in the form of interpretive or historical objects, each valued at fifteen thousand dollars ($15,000) or less, by the Department of Parks and Recreation.

(6) The acceptance by the State Coastal Conservancy of offers to dedicate public accessways made pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code.

(7) The acquisition or hiring by the High-Speed Rail Authority of real property in fee or in any lesser estate or interest for high-speed rail purposes, but this section does apply to the hiring by that authority of office space in any office building.

(c) This section shall become operative on January 1, 2033.

14667.1.

Notwithstanding Section 14616, the director may exempt from the director’s approval, or from the approval of the department, any state real estate acquisition or conveyance involving not more than seven hundred fifty thousand dollars ($750,000) for which approval is required by statute whenever, in the director’s judgment, the state agency delegated that authority has the necessary real estate expertise and experience to complete the transaction competently and professionally while protecting the best interests of the state. Written notice of exemptions shall be given to the Controller.

15853.

(a) The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function.

(b) If moneys are appropriated by the Legislature in the annual Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law.

(c) Notwithstanding any other law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources, the Central Valley Flood Protection Board, the Department of Fish and Wildlife, the Wildlife Conservation Board, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Department of Housing and Community Development, the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of, and for the purposes of Chapter 10 (commencing with Section 31411) of Division 21 of, the Public Resources Code, and the Department of Parks and Recreation, until January 1, 2033, with respect to acquisitions set forth in paragraph (8) of subdivision (b) of Section 11005, shall be acquired by the State Public Works Board in accordance with this part.

(d) (1) Notwithstanding subdivision (a), and except as provided in subdivision (c), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature.

(2) Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition before the conclusion of the appropriate authorization period. For purposes of this section, in order for the Department of Parks and Recreation to “formally abandon” an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition.

(3) The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation.

(4) The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system.

(e) The board may acquire furnishings that the owner of the furnishings agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property.

(f) This section does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).

15853.

(a) The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function.

(b) If moneys are appropriated by the Legislature in the annual Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law.

(c) Notwithstanding any other law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources, the Central Valley Flood Protection Board, the Department of Fish and Wildlife, the Wildlife Conservation Board, the Department of Parks and Recreation, until January 1, 2033, with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to Section 15853.1, and with respect to acquisitions set forth in paragraph (8) of subdivision (b) of Section 11005, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Department of Housing and Community Development, the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, and the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of, and for the purposes of Chapter 10 (commencing with Section 31411) of Division 21 of, the Public Resources Code, shall be acquired by the State Public Works Board in accordance with this part.

(d) (1) Notwithstanding subdivision (a), and except as provided in subdivision (c), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature.

(2) Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition before the conclusion of the appropriate authorization period. For purposes of this section, in order for the Department of Parks and Recreation to “formally abandon” an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition.

(3) The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation.

(4) The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system.

(e) The board may acquire furnishings that the owner of the furnishings agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property.

(f) This section does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).

5003.17.

(a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit.

(b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010.

(c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services, unless the approval is waived by the department.

(d) A lease shall not be entered into that extends beyond the 10-year period unless both of the following conditions are met:

(1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee.

(2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease.

5006.

(a) The department, with the consent of the Department of Finance, and subject to Section 15853 of the Government Code, may acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, which the department deems necessary or proper for the extension, improvement, or development of the state park system. All real and personal property acquired by the department for the state park system shall be under the jurisdiction of the department immediately upon transfer of title to the state.

(b) (1) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may appraise and select real property for the purpose of acquiring an option to purchase the real property for the state park system. The department may use the services of the Real Estate Services Division of the Department of General Services or may contract with independent appraisers appropriately certified by the Office of Real Estate Appraisers, to assist in appraising property.

(2) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may appraise and select real property for potential acquisition of, and addition to, the state park system. The department may use the services of the Real Estate Services Division of the Department of General Services or may contract with independent appraisers appropriately certified by the Office of Real Estate Appraisers, to assist in appraising the property. Before appraising the property, the Department of Parks and Recreation shall notify the owners of the real property that the department is considering the real property for acquisition, and may have it appraised. The department shall determine the form and manner of giving the notice.

(3) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may select real property it has appraised and submit purchase offers and negotiate a purchase agreement with the owner or owners of the property. The department shall be responsible for implementing and processing the purchase agreement and conveyance of title to the state. The department may use the services of the Real Estate Services Division of the Department of General Services, or may contract with other state agencies with real estate and right-of-way acquisition programs, to assist in negotiating purchase agreements and conveyance of title.

(c) Upon acquisition of real property for the state park system, the department shall be responsible for providing relocation assistance to displaced persons as provided under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The department may use the services of the Real Estate Services Division of the Department of General Services, or may contract with other state agencies or private consultants with real estate and right-of-way acquisition programs, to assist in relocation planning and implementation.

(d) (1) Requests for funding to administer the department’s acquisition program shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year.

(2) Requests for funding to acquire options to purchase real and personal property for the state park system shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year based upon its estimate of the amount needed for that purpose. If an option to purchase real property for the state park system has been acquired, the funding proposed by the department shall be the appraised value of the property less the sum expended for the purchase of the option. The expenditure of the moneys shall be subject to the limitation specified in paragraph (1) of subdivision (d) of Section 15853 of the Government Code unless otherwise provided by the Legislature.

(3) Requests for funding to acquire real property or any interest in real property shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year. The projects shall have been selected and appraised by the department pursuant to subdivision (b) before inclusion. The Governor’s Budget shall contain a separate description of each project, or acquisition program and its appraised value, or funding allocation.

(e) The requirements imposed by subdivision (d) are in addition to any other law requiring the inclusion of state park system acquisition projects in the Governor’s Budget.

(f) The department shall not enter into a purchase agreement for the acquisition of real property if the consideration to be paid by the department is in excess of five hundred thousand dollars ($500,000), unless Section 5006.1 has been complied with.

(g) (1) Notwithstanding any other law, all appraisals conducted by the department pursuant to this section shall be reviewed and approved by the Department of General Services or, at the discretion of the Department of General Services, a competent professional appraiser approved by the Department of General Services. Real property shall be appraised and appraisal review completed before commencement of purchasing negotiations. All contracts related to the acquisition of real property are subject to Section 11005 of the Government Code.

(2) Notwithstanding paragraph (1), the Department of General Services may waive its review and approval of any appraisal conducted by the department.

5006.1.

(a) (1) Before submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five million dollars ($5,000,000) in value for any state park system project, the department shall hold a public meeting within the county in which the proposed project is located at which interested members of the public may comment on the proposed project. Notice of the meeting shall be published at least twice in a newspaper of general circulation within that county.

(2) (A) The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the members of the Legislature who are the Chair and Vice Chair of the Joint Legislative Budget Committee, the chair of the budget subcommittee in each house having jurisdiction over resources, the chair in each house of the appropriate legislative policy committee, and the legislators within whose district the property proposed for acquisition is located, as early as possible in the acquisition process, but not less than 90 days from the date of acquisition. Within 30 days of receiving written notice of the proposed acquisition, a member of the city council or board of supervisors of the respective city or county, or a Member of the Legislature who has been notified pursuant to this subparagraph, may request that the department hold a public meeting regarding the acquisition of the property, if the acquisition is between five hundred thousand dollars ($500,000) and five million dollars ($5,000,000).

(B) The written notice of intent shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.

(b) With respect to real property in excess of five million dollars ($5,000,000) that is not proposed to be acquired pursuant to subdivision (f) of Section 5006, the department shall hold a public meeting within the county in which the real property is located, at which interested members of the public may comment on the proposed acquisition. Notice of the meeting shall be published at least twice in a newspaper of general circulation within the county. The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, as early as possible in the acquisition process.

(c) (1) With respect to real property acquired pursuant to paragraph (8) of subdivision (b) of Section 11005 of the Government Code, the department shall do all of the following:

(A) Provide written notice to the county board of supervisors for the county in which the land is located, of the intent to acquire the real property.

(B) No fewer than 30 days before the close of escrow, hold a meeting where the public may make comments regarding a specific transaction or transactions regarding the real property under consideration by the department.

(i) The meeting may take place via teleconference.

(ii) The meeting may take place at an otherwise planned public meeting hosted by the department.

(C) No fewer than 10 days before the meeting described in subparagraph (B), notify the public of the meeting by posting information about the meeting on the department’s internet website on a webpage visible to the public and notifying all owners of record of adjacent parcels of land.

(i) The department shall make a good faith effort to notify owners of record identified pursuant to this subparagraph by using existing distribution lists or available contact information. Owners of record may be contacted electronically or by mail.

(ii) In all circumstances, the meeting notice shall clearly state the specific real property transaction on which the public may comment at the meeting and an explanation of the proposed use of the land by the department.

(2) Subparagraphs (B) and (C) of paragraph (1) shall not apply to properties that, on all boundaries, are adjacent to state-owned lands.

(3) (A) On or before January 1, 2028, and on or before January 1 of every even-numbered year thereafter, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the department’s use of authority granted under paragraph (8) of subdivision (b) of Section 11005 of the Government Code for the acquisition without approval of the Director of General Services of fee title or any lesser right or interest in real property by the department.

(B) A report submitted pursuant to subparagraph (A) shall, for the reporting period, include, but not be limited to, a summary of each transaction conducted, any associated costs or savings as a result of the transaction, and the duration of the real estate transaction.

(d) This section does not apply to any real property to be acquired by grant, gift, devise, or bequest.

(e) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

5006.1.

(a) (1) Before submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five million dollars ($5,000,000) in value for any state park system project, the department shall hold a public meeting within the county in which the proposed project is located at which interested members of the public may comment on the proposed project. Notice of the meeting shall be published at least twice in a newspaper of general circulation within that county.

(2) (A) The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the members of the Legislature who are the Chair and Vice Chair of the Joint Legislative Budget Committee, the chair of the budget subcommittee in each house having jurisdiction over resources, the chair in each house of the appropriate legislative policy committee, and the legislators within whose district the property proposed for acquisition is located, as early as possible in the acquisition process, but not less than 90 days from the date of acquisition. Within 30 days of receiving written notice of the proposed acquisition, a member of the city council or board of supervisors of the respective city or county, or a Member of the Legislature who has been notified pursuant to this subparagraph, may request that the department hold a public meeting regarding the acquisition of the property, if the acquisition is between five hundred thousand dollars ($500,000) and five million dollars ($5,000,000).

(B) The written notice of intent shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.

(b) With respect to real property in excess of five million dollars ($5,000,000) that is not proposed to be acquired pursuant to subdivision (f) of Section 5006, the department shall hold a public meeting within the county in which the real property is located, at which interested members of the public may comment on the proposed acquisition. Notice of the meeting shall be published at least twice in a newspaper of general circulation within the county. The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, as early as possible in the acquisition process.

(c) (1) With respect to real property acquired pursuant to subdivision (c) of Section 15853 of, and paragraph (8) of subdivision (b) of Section 11005 of, the Government Code, the department shall do all of the following:

(A) Provide written notice to the county board of supervisors for the county in which the land is located of the intent to acquire the real property.

(B) No fewer than 30 days before the close of escrow, hold a meeting where the public may make comments regarding a specific transaction or transactions regarding the real property under consideration by the department.

(i) The meeting may take place via teleconference.

(ii) The meeting may take place at an otherwise planned public meeting hosted by the department.

(C) No fewer than 10 days before the meeting described in subparagraph (B), notify the public of the meeting by posting information about the meeting on the department’s internet website on a webpage visible to the public and notifying all owners of record of adjacent parcels of land.

(i) The department shall make a good faith effort to notify owners of record identified pursuant to this subparagraph by using existing distribution lists or available contact information. Owners of record may be contacted electronically or by mail.

(ii) In all circumstances, the meeting notice shall clearly state the specific real property transaction on which the public may comment at the meeting and an explanation of the proposed use of the land by the department.

(2) With respect to real property acquired pursuant to subdivision (c) of Section 15853 of the Government Code, for purposes of the notification in subparagraph (C) of paragraph (1), the following:

(A) The department shall also make a good faith effort to locate current contact information for all adjacent landowners displaced due to the 2020 CZU Lightning Complex Fire.

(B) The department may consult with the relevant county agencies or officials to locate contact information for landowners.

(3) Subparagraphs (B) and (C) of paragraph (1) shall not apply to properties that, on all boundaries, are adjacent to state-owned lands.

(4) (A) On or before January 1, 2028, and on or before January 1 of every even-numbered year thereafter, the department shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the department’s use of authority granted under subdivision (c) of Section 15853 of, and paragraph (8) of subdivision (b) of Section 11005 of, the Government Code for the acquisition without the State Public Works Board or without the approval of the Director of General Services, as applicable, of fee title or any lesser right or interest in real property by the department.

(B) A report submitted pursuant to subparagraph (A) shall, for the reporting period, include, but not be limited to, a summary of each transaction conducted, any associated costs or savings as a result of the transaction, and duration of the real estate transaction.

(d) This section does not apply to any real property to be acquired by grant, gift, devise, or bequest.

(e) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

5006.1.

(a) (1) Before submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five million dollars ($5,000,000) in value for any state park system project, the department shall hold a public meeting within the county in which the proposed project is located at which interested members of the public may comment on the proposed project. Notice of the meeting shall be published at least twice in a newspaper of general circulation within that county.

(2) (A) The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the members of the Legislature who are the Chair and Vice Chair of the Joint Legislative Budget Committee, the chair of the budget subcommittee in each house having jurisdiction over resources, the chair in each house of the appropriate legislative policy committee, and the legislators within whose district the property proposed for acquisition is located, as early as possible in the acquisition process, but not less than 90 days from the date of acquisition. Within 30 days of receiving written notice of the proposed acquisition, a member of the city council or board of supervisors of the respective city or county, or a Member of the Legislature who has been notified pursuant to this subparagraph, may request that the department hold a public meeting regarding the acquisition of the property, if the acquisition is between five hundred thousand dollars ($500,000) and five million dollars ($5,000,000).

(B) The written notice of intent shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.

(b) With respect to real property in excess of five million dollars ($5,000,000) that is not proposed to be acquired pursuant to subdivision (f) of Section 5006, the department shall hold a public meeting within the county in which the real property is located, at which interested members of the public may comment on the proposed acquisition. Notice of the meeting shall be published at least twice in a newspaper of general circulation within the county. The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, as early as possible in the acquisition process.

(c) This section does not apply to any real property to be acquired by grant, gift, devise, or bequest.

(d) This section shall become operative on January 1, 2033.

5006.5.

The department may lease any interest in real or personal property that the department deems necessary or proper for the extension, improvement, or development of the state park system. A lease described in this section shall require the consent of the Department of General Services, unless consent is waived by the Department of General Services. Payment from state money in excess of one thousand dollars ($1,000) a year shall not be made pursuant to any such lease unless money equal to or exceeding one-half of the excess over one thousand dollars ($1,000) is made available for expenditure by the state for this purpose by some person, corporation, public district, municipality or political subdivision other than the state, or by the United States or a federal agency. A lease shall not be executed under this section until the department has first consulted with the planning commission of the county in which the department proposes to lease lands for park or recreational purposes. This section shall not apply when the Department of General Services leases land for the use of the Department of Parks and Recreation under Section 14669 of the Government Code.

5063.

Before entering into any lease contract, the lands proposed to be leased shall be appraised by the department to determine the fair market value of the lands. The total amount of rent to be paid for the entire term under any lease contract shall not be in excess of the fair market value of the lands, as determined by the appraisal. The Department of General Services shall review and approve any appraisal conducted by the department pursuant to this section, unless review and approval is waived by the Department of General Services.

5069.3.

(a) The rent for real property leased for agricultural purposes shall be based upon the fair market value of the real property when used for agricultural purposes. All rents shall be deposited pursuant to Section 5010.

(b) A lease term shall not exceed 10 years. A lease may be renewed for additional terms.

(c) A lease entered into pursuant to this article shall be subject to approval by the Department of General Services, unless that approval is waived by the Department of General Services. Each lease shall require the lessee to pay the taxes on the lessee’s interest in the real property that become due, owing, or unpaid on the interest created by the lease.