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").
