The Land Conservation Plan (LCP) formalizes the Stewardship Council's commitment to protect and enhance PG&E's watershed lands. The LCP will contain formal recommendations on how each parcel should be managed to protect and conserve the beneficial public values. The plan must also:
The LCP must be submitted to the California Public Utilities Commission by April 2007.
Click on the links below more information.
Note: For actual text specifying the terms of the Land Conservation Plan, and the intent of the Land Conservation Commitment, download the Stipulation Resolving Issues Regarding the Land Conservation Commitment.
Enhancement of Benefits
The Land Conservation Commitment, as implemented by the LCP and Section 851 applications to the Public Utilities Commission, shall enhance the existing environmental and economic benefits of the Watershed Lands and Carizzo Plains on an overall basis.
Conservation Easements
A donation of land will include a conservation easement to preserve and/or enhance beneficial public values, as defined in the Land Conservation Commitment, except in the following two circumstances:
(1) the LCP includes a determination that the parcel does not have significant public values; or
(2) the chosen recipient informs the Stewardship Council that applicable law or policy precludes its accepting such easement, and the Stewardship Council receives satisfactory assurance in another form that the parcel will be managed consistent with the purpose of the Land Conservation Commitment.
Modification of Water Storage
A conservation easement will expressly reserve PG&E's authority, or other holders of applicable water rights, to apply to the applicable regulatory authority to increase or otherwise modify the water storage capacities of existing licensed facilities.
Public Access
A conservation easement shall also preserve or enhance reasonable public access to the Watershed Lands.
Hazardous Waste or Substance Liabilities
A parcel which the Land Conservation Plan recommends be donated may have hazardous waste or substance liabilities. PG&E will not transfer such liabilities to the recipient of the parcel. PG&E may decline to agree to the recommended donation, unless the Public Utilities Commission has authorized PG&E to recover the costs of the liability and any associated mitigation or remediation measures from rates.
If the Commission has not authorized PG&E to recover the costs, PG&E will donate the parcel subject to a conservation easement which states that the liability is not transferred to the recipient. The conservation easement will not permit any use that increases human exposure to hazardous wastes or substances, unless the Commission has authorized PG&E to recover the costs of the liability and any necessary mitigation or remediation measures in rates.
PG&E's Rights to Oppose Land Dispositions
PG&E reserves all rights to oppose a proposed disposition on the basis that it is inconsistent with the provisions of the Settlement Agreement paragraph 17 and Appendix E or if such proposed disposition is in any other respect inconsistent with the Settlement Agreement or the Stipulation Resolving Issues Regarding the Land Conservation Commitment. PG&E will not oppose a proposed disposition on the basis that it has not been adequately compensated for the value of such parcel. In turn, the other parties reserve their rights to disagree with PG&E's interpretation regarding such conflict.
No Effect on Federal Energy Regulatory Commission Proceedings
The Land Conservation Commitment does not expand or limit PG&E's obligations or the rights of others in Federal Energy Regulatory Commission (FERC) relicensing proceedings or otherwise under Part I of the Federal Power Act ("FPA").
Land Conservation Plan - the Approval Process
Note: For actual text regarding the content of the Land Conservation Plan and the intent of the Land Conservation Commitment, download the Stipulation Resolving Issues Regarding the Land Conservation Commitment.
Timely Completion of Land Conservation Plan
The Stewardship Council will attempt to prepare and adopt the LCP detailing its recommendations to PG&E within three years after the Effective Date (April 2007). However, the Stewardship Council reserves the right, through consensus, to alter the scope of the LCP or reschedule the completion date of portions of the LCP if, for example, technical studies have not been completed or an issue is being addressed through the dispute resolution procedure stated in paragraph 11(a)(2) of the Stipulation.
Submission of Applications to the PUC
With the advice and consent of the other members of the Stewardship Council, PG&E will expeditiously submit applications consistent with the LCP for the PUC's review and approval under Public Utilities Code section 851. Each such application will bundle parcels by watershed or in some other manner to facilitate timely and effective review.
Treatment of Disputed Applications
If the Stewardship Council does not reach consensus on the LCP, and if such dispute has not been resolved within 6 months of initiation of the dispute resolution procedure described in paragraph 11(a)(2) of the Stipulation, PG&E will expeditiously file a Public Utilities Code section 851 application with the Commission. In addition, PG&E will include a description of the disputes as written by the disputing members of the Stewardship Council, in order for the PUC to consider alternatives.
Timely Completion of Recommended Transactions
PG&E will complete transactions to grant conservation easements or transfer fee title for all parcels of Watershed Lands and Carizzo Plains no later than six months after final receipt of all required government approvals no longer subject to appeal.
The Stewardship Council will make reasonable best efforts to complete the dispositions within nine years of the Effective Date.
Isolated Transactions
The Stewardship Council will have discretion to recommend that PG&E undertake isolated transactions in advance of adoption of the LCP.
Note: The required contents of the LCP are stated here in simplified language. For the exact text, download the Stipulation Resolving Issues Regarding the Land Conservation Commitment.
(1) The LCP must provide an inventory of [assessors'] parcels, their acreage within and outside the boundaries of FERC projects, and existing economic uses.
(2) The Plan must specify the beneficial public values of individual parcels are and how they are to be preserved. The Land Conservation Commitment specifies that existing economic uses must be honored.
(3) The Plan must recommend a disposition of each parcel: whether PG&E retains the parcel, subject to a conservation easement, or donates the parcel to a public agency or non-profit organization, subject to a conservation easement.
Comment: The watershed lands are divided into about 1000 assessors' parcels. The Steardship Council is likely to combine these parcels into "parcel clusters" in order to satisfy the requirements for (2) and (3).
(4) The LCP must prove that the recipient of donated land or an easement can satisfy the future financial and other responsibilities associated with the parcel, in order to preserve and/or enhance the beneficial public values of the resource.
(5) The LCP must analyze the tax and other economic and physical impacts of the disposition and provide a mechanism to ensure each parcel decision remains "tax neutral" for the affected county.
(6) The LCP must disclose any hazardous waste problems or substance contamination on the watershed lands.
(7) If part of a parcel is useful for hydropower operations and must be retained by PG&E, the LCP may decide to split a parcel, provided the unused portion be enhanced by such a split.
(8) The LCP must propose a program for enhancing the beneficial public values of the watershed lands. This program must be consistent with the Land Conservation Commitment.
(9) The LCP must provide for monitoring the effects of its implementation.
(10) The LCP must contain an implementation schedule.