Bill No.: HB0262                  Drafter:  JHR

LSO No.:  09LSO-0381              Effective Date:  N/A

Enrolled Act No.:  HEA0089

Chapter No.:       N/A

Prime Sponsor:     Representative Semlek

Catch Title:       Very rare and uncommon areas.

Subject:  Transfers the authority to designate lands as "very rare and uncommon" from the Environmental Quality Council to the State Loan and Investment Board.

Summary/Major Elements:

· Under current law, The Environmental Quality Council (EQC) designates lands as "very rare" or "uncommon".

· This bill:

o Transfers the authority to designate lands as "very rare" and "uncommon" from the Environmental Quality Council (EQC) to the State Loan and Investment Board (SLIB);

o Provides procedures for the SLIB to designate lands as "very rare" and "uncommon," including approving or disapproving recommendations of the EQC;

o Requires the EQC to record notice of such lands with the county clerk, after approval of the designation by the SLIB;

o Provides that the designation is not final until recorded with the county clerk, except as provided below;

o Specifies that any designation made prior to July 1, 2009, shall not require approval by the SLIB, if the EQC records notice of the designation by December 31, 2011 with the county clerk in the county where the land is located;

o Provides for judicial review of any designation of lands as "very rare" or uncommon" that prohibits the use of the land for mineral extraction.

Note: This bill was vetoed by the Governor on March 12, 2009. Among other items, the Governor noted the bill made the process significantly more cumbersome and political and he questioned the wisdom of inserting the State Loan and Investment Board in the process.  The Governor's action was taken after the initial bill summary was prepared.  This summary supplants the original.