Bill Text: CA AB252 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Floating home marinas: rent caps.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State - Chapter 633, Statutes of 2022. [AB252 Detail]

Download: California-2021-AB252-Amended.html

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Amended  IN  Senate  June 21, 2021

Amended  IN  Assembly  March 29, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 252

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Introduced by Assembly Members Robert Rivas and Salas
(Coauthors: Assembly Members Bennett and Eduardo Garcia) Bennett, Eduardo Garcia, and Blanca Rubio)

January 14, 2021

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An act to amend Sections 51201 and 51238 of, and to add Sections 51238.1.1 and 51243.7 to, the Government Code, and to add and repeal Division 10.6 (commencing with Section 12285) of to the Public Resources Code, relating to land use. use, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 252, as amended, Robert Rivas. Department of Conservation: Multibenefit Land Repurposing Incentive Program: administration. Williamson Act: compatible uses: contracts.

Existing

(1) Existing law, the Sustainable Groundwater Management Act (SGMA), requires numerous groundwater basins throughout the state designated by the Department of Water Resources as medium- or high-priority basins to each be managed under a separate groundwater sustainability plan or coordinated groundwater sustainability plans by specified dates. SGMA requires, with some exceptions, that local agencies designated as groundwater sustainability agencies prepare, administer, and enforce the groundwater sustainability plans with the goal of sustainably managing these groundwater basins to avoid undesirable results such as overdrafting groundwater, subsidence, and sea water seawater intrusion, among others. To achieve the sustainability goal, SGMA authorizes a groundwater sustainability agency to, among other measures, control groundwater extractions by regulating, limiting, or suspending extractions from groundwater wells, establish a program of voluntary fallowing of agricultural lands, or validate an existing fallowing program.

This bill would require the Department of Conservation Conservation, in coordination with the Department of Food Agriculture and other relevant state agencies, to establish and administer a program named the Multibenefit Land Repurposing Incentive Program for purposes of providing grants to groundwater sustainability agencies or counties, or other specified entities designated by groundwater sustainability agencies or counties, for the development or implementation of local programs supporting or facilitating multibenefit land repurposing at the basin scale. The bill would establish procedures for the department’s Department of Conservation’s administration of the program and would require the department Department of Conservation to develop guidelines to implement the program and to exercise its expertise and discretion in awarding program funds to eligible applicants. applicants, as provided. The bill would specify numerous criteria regarding program eligibility, including compliance with several specified requirements of SGMA. The bill would prescribe certain actions regarding program accountability and oversight, including preparation of an annual report with specified information evaluating the implementation of local programs and use of program funds.

(2) The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use located in an agricultural preserve designated by the city or county, whereby the landowner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides that the term “agricultural use,” as used in the act, includes recreational and open-space use, as defined. Existing law provides that the erection, construction, alteration, or maintenance of gas, electric, water, communication, or agricultural laborer housing facilities are determined to be compatible uses within any agricultural preserve. Existing law authorizes the cancellation of a Williamson Act contract under certain circumstances, as provided.

This bill would amend the definition of open-space use to include an area in which a program funded pursuant to the Multibenefit Land Repurposing Incentive Program Act is implemented. The bill would provide that, notwithstanding any determination of compatible uses by the county or city, except as provided, a multibenefit groundwater recharge facility, as defined, is a compatible use within any agricultural preserve. The bill would provide that multibenefit uses, as defined, are compatible uses within any agricultural preserve, unless a contrary finding is made, and that multibenefit uses that do not meet certain compatibility principles are still compatible uses if the county board of supervisors or the city council documents that the underlying contractual commitment to preserve land for agricultural use, open-space use, recreational use, or other compatible use will not be significantly impaired. The bill would require a city or county, upon a landowner’s request, to amend an existing Williamson Act contract to permit compatible, multibenefit uses or the erection, construction, alteration, or maintenance of multibenefit groundwater recharge facilities, as described in the bill. The bill would provide that no fee or other charge shall be imposed on the landowner for such an amendment. By imposing additional duties on local officials, the bill would impose a state-mandated local program.

(3) 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.

(4) This bill would declare that it is to take effect immediately as an urgency statute.

The bill would repeal its provisions on January 1, 2032.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 Section 51201 of the Government Code is amended to read:

51201.

 As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:

(a) “Agricultural commodity” means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.

(b) “Agricultural use” means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes.

(c) “Prime agricultural land” means any of the following:

(1) All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.

(2) Land which qualifies for rating 80 through 100 in the Storie Index Rating.

(3) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.

(4) Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.

(5) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.

(d) “Agricultural preserve” means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which is established in accordance with the provisions of this chapter.

(e) “Compatible use” is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. “Compatible use” includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter.

(f) “Board” means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.

(g) “Council” means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.

(h) Except where it is otherwise apparent from the context, “county” or “city” means the county or city having jurisdiction over the land.

(i) A “scenic highway corridor” is an area adjacent to, and within view of, the right-of-way of:

(1) An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway; or

(2) A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if each of the following conditions have been met:

(A) The scenic highway is included in an adopted general plan of the county or city; and

(B) The scenic highway corridor is included in an adopted specific plan of the county or city; and

(C) Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.

(j) A “wildlife habitat area” is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of importance for the protection or enhancement of the wildlife resources of the state.

(k) A “saltpond” is an area which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.

(l) A “managed wetland area” is an area, which may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes.

(m) A “submerged area” is any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space.

(n) “Recreational use” is the use of land in its agricultural or natural state by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with the provisions of Section 51238.1.

(o) “Open-space use” is the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within:

(1) A scenic highway corridor, as defined in subdivision (i).

(2) A wildlife habitat area, as defined in subdivision (j).

(3) A saltpond, as defined in subdivision (k).

(4) A managed wetland area, as defined in subdivision (l).

(5) A submerged area, as defined in subdivision (m).

(6) An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.

(7) An area in which a program funded pursuant to the Multibenefit Land Repurposing Incentive Program Act (Division 10.6 (commencing with Section 12285) of the Public Resources Code) is being implemented.

(p) “Development” means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.

SEC. 2.

 Section 51238 of the Government Code is amended to read:

51238.

 (a) (1) Notwithstanding any determination of compatible uses by the county or city pursuant to this article, unless the board or council after notice and hearing makes a finding to the contrary, the erection, construction, alteration, or maintenance of gas, electric, water, communication, multibenefit groundwater recharge, or agricultural laborer housing facilities are hereby determined to be compatible uses within any agricultural preserve.

(2) No land occupied by gas, electric, water, communication, multibenefit groundwater recharge, or agricultural laborer housing facilities shall be excluded from an agricultural preserve by reason of that use.

(3) For purposes of this subdivision, “multibenefit groundwater recharge facility” shall have the same meaning as used in the Multibenefit Land Repurposing Incentive Program Act (Division 10.6 (commencing with Section 12285) of the Public Resources Code).

(b) The board of supervisors may impose conditions on lands or land uses to be placed within preserves to permit and encourage compatible uses in conformity with Section 51238.1, particularly public outdoor recreational uses.

SEC. 3.

 Section 51238.1.1 is added to the Government Code, to read:

51238.1.1.

 (a) Notwithstanding any determination of compatible uses by the county or city pursuant to this article, multibenefit uses shall be determined to be compatible uses within any agricultural preserve unless the board or council, after notice and hearing, makes a finding to the contrary.

(b) Notwithstanding subdivision (a), multibenefit uses that are unable to meet the principles of Section 51238.1 shall nevertheless be approved as a compatible use if the board or council is able to document that the underlying contractual commitment to preserve land for agricultural use, open-space use, recreational use, or other compatible use will not be significantly impaired.

(c) “Multibenefit uses” means the restoration of upland habitat, creation or protection of pollinator habitats, restoration of flood plains, creation of multibenefit recharge areas, dryland farming, planting of cover crops, switching from irrigated agriculture to rangeland, or the creation of community recreation areas or parks, as those uses are described in the Multibenefit Land Repurposing Incentive Program Act (Division 10.6 (commencing with Section 12285) of the Public Resources Code).

SEC. 4.

 Section 51243.7 is added to the Government Code, to read:

51243.7.

 (a) Notwithstanding any other law, a contract existing as of January 1, 2022, and that is made pursuant to this article shall be amended, upon the landowner’s request, if necessary to permit compatible, multibenefit uses under Section 51238.1.1 or the erection, construction, alteration, or maintenance of multibenefit groundwater recharge facilities under Section 51238.

(b) No fee or other charge shall be imposed on the landowner under this section.

SECTION 1.SEC. 5.

 Division 10.6 (commencing with Section 12285) is added to the Public Resources Code, to read:

DIVISION 10.6. Multibenefit Land Repurposing Incentive Program Act

CHAPTER  1. General Provisions

12285.

 This division shall be known, and may be cited, as the Multibenefit Land Repurposing Incentive Program Act.

12285.1.

 The Legislature finds and declares all of the following:

(a) Implementation of the Sustainable Groundwater Management Act is imperative to the future viability of the state’s economy, agriculture, environment, and protection of the human right to water.

(b) Implementation of the Sustainable Groundwater Management Act, while necessary, will result in significant changes to the rural landscape, creating challenges for rural communities and economies.

(c) Coordinated management of landscapes affected by the Sustainable Groundwater Management Act can minimize economic and social dislocation in rural economies, reducing or avoiding environmental health impacts, facilitating a transition to less water-intensive but still productive and economic uses of land to achieve sustainable groundwater management.

(d) If coordinated at a regional scale, land repurposing presents an opportunity to maximize cobenefits on converted previously irrigated agricultural lands.

12285.2.

 The following definitions apply to this division:

(a) “Basin” has the same meaning as that term is defined in Section 10721 of the Water Code.

(b) “Department” means the Department of Conservation.

(c) “Groundwater sustainability agency” has the same meaning as that term is defined in Section 10721 of the Water Code.

(d) “Groundwater sustainability plan” has the same meaning as that term is defined in Section 10721 of the Water Code.

(e) “Land repurposing” means converting managing previously irrigated agricultural land to for new uses through any of the following methods:

(1) Restoring or protecting upland habitat.

(2) Creating or protecting pollinator habitat.

(3) Restoring floodplains. flood plains.

(4) Creating dedicated wildlife-friendly recharge areas. multibenefit recharge areas.

(5) Dryland farming or planting cover crops.

(6) Switching from irrigated agriculture to rangeland.

(7) Creating parks or community recreation areas.

(f) “Local agency” has the same meaning as that term is defined in Section 10721 of the Water Code.

(g) “Local program” means a local or regional program to support and implement multibenefit land repurposing of lands for a period of at least 10 years on each participating parcel of land.

(h) “Multibenefit” means providing more than one benefit, including, but not limited to, improving water quality, increasing water supplies or water supply reliability, reducing groundwater demand, preserving, enhancing, or restoring wildlife habitat, improving flood protection, improving soil health and carbon storage, supporting jobs, local communities, and economies, including disadvantaged communities, creating buffer zones for disadvantaged communities, and preserving or enhancing recreational opportunities. opportunities, that is in addition to increasing water supplies or water supply reliability and reducing groundwater use.

(i) “Program” means the Multibenefit Land Repurposing Incentive Program established pursuant to this division.

(j) “SGMA” or “Sustainable Groundwater Management Act” means the act contained in Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code.

CHAPTER  2. Program Administration

12285.3.

 The department department, in coordination with the Department of Food and Agriculture and other relevant state agencies, shall establish and administer a program named the Multibenefit Land Repurposing Incentive Program for purposes of providing grants for development or implementation of local programs supporting or facilitating reduced use of groundwater and multibenefit land repurposing at the basin scale.

12285.4.

 (a) The department may use moneys from the General Fund or bonds as appropriated by the Legislature in the annual Budget Bill or another bill for the purposes of this division, to do all acts necessary to establish and administer the program.

(b) The department may use program funds to provide block grants and other forms of financial support to eligible applicants to support and implement local programs.

(c) The department may use program funds to assist with the costs of environmental review required pursuant to Division 13 (commencing with Section 21000) incurred by a local program selected to receive funds pursuant to this division.

(c)

(d) It is the intent of the Legislature that in any year the department use no more than 5 percent of revenues appropriated for purposes of implementing the program for administrative functions of the department in implementing this division, and that the department make the other 95 percent of funds available to eligible applicants for eligible local programs. administration of the program.

CHAPTER  3. Program Eligibility

12285.5.

 (a) The following agencies and entities may apply for program funds:

(1) A groundwater sustainability agency.

(2) A county.

(3) A local agency, including a resource conservation district, designated by a groundwater sustainability agency or county.

(4) A nongovernmental organization designated by a groundwater sustainability agency or county.

(5) A mutual water company designated by a groundwater sustainability agency or county.

(6) A county, local agency, nongovernmental organization, or mutual water company managing a basin under SGMA pursuant to Section 10733.6 of the Water Code in critical overdraft that is not covered by a groundwater sustainability agency.

(b) The applicants listed in subdivision (a) shall apply individually to the department for an award of program funds. Each applicant’s application may be for any of the following purposes:

(1) To support a local program that will be implemented within a basin or portion of a basin that is managed by one groundwater sustainability agency.

(2) To support a local program that will be implemented within a basin, portion of a basin, or area encompassing multiple basins that is collectively managed by multiple groundwater sustainability agencies through agreements, a joint powers authority, or other similar combination or coordination effort.

(3) To support a local program overseen by a county that will be implemented within a basin, portion of a basin, or area encompassing multiple basins that is managed by one or more groundwater sustainability agencies and that is located in whole or in part within the county.

(c) A groundwater sustainability agency that applies individually for program funds and all groundwater sustainability agencies involved in an application on behalf of multiple groundwater sustainability agencies shall have a current list of interested parties persons pursuant to Section 10723.4 of the Water Code, and shall engage stakeholders in the development of the local program per an adopted stakeholder communication and engagement plan.

(d) A groundwater sustainability agency that applies individually for program funds and all groundwater sustainability agencies involved in an application on behalf of multiple groundwater sustainability agencies shall comply demonstrate compliance with the Department of Water Resources’ annual reporting requirements in Section 10728 of the Water Code.

12285.6.

 Program funds from the department shall only be available for use and implementation of local programs that satisfy all of the following criteria:

(a) The local program will be implemented in a basin designated by the Department of Water Resources as in a condition of critical overdraft.

(b) The local program will be implemented on lands that are within the jurisdiction of one or more groundwater sustainability agencies as required by Section 10723 or 10724 of the Water Code. or that is covered pursuant to Section 10733.6 of the Water Code.

(c) The local program will be implemented consistent with the groundwater sustainability plan or plans plans, or an alternative plan or plans approved pursuant to Section 10733.6 of the Water Code, covering the lands where the applicant proposes to implement the local program, if one has been adopted. program. The local program is described and included in the groundwater sustainability plan covering the basin where the local program will be implemented. If a groundwater sustainability plan for the basin where the local program will be implemented does not describe the local program and has been submitted to the Department of Water Resources, the groundwater sustainability agency shall include a description of the local program as an attachment to its next annual report to the Department of Water Resources pursuant to Section 10728 of the Water Code and next five year update pursuant to Section 10733.8 of the Water Code.

(d) (1) Except as provided in paragraph (2), the The local program will be implemented on lands covered by a groundwater sustainability plan prepared pursuant to, and in compliance with, Section 10723.4 of the Water Code, and the Department of Water Resources has not determined that the plan is inadequate or insufficiently meeting its sustainability goals. Code. If a review by the Department of Water Resources pursuant to Section 10733.8 of the Water Code has identified deficiencies in the groundwater sustainability plan, the corrective actions recommended by the Department of Water Resources, or equally effective actions, shall be implemented by the groundwater sustainability agency or multiple groundwater sustainability agencies that prepared the plan in order to remain eligible to receive program funds.

(2)Paragraph (1) shall not apply to a local program that is overseen by a county and implemented on lands that are within an area that is unmanaged in accordance with Section 10724 of the Water Code or are within the jurisdiction of a groundwater sustainability agency other than the county.

(2) (A) If the local program is implemented in a basin designated as probationary in accordance with Section 10735.2 of the Water Code, the State Water Resources Control Board shall find both of the following:

(i) The action will contribute to remedying deficiencies in one or more groundwater sustainability plans in the probationary basin.

(ii) The local program is consistent with any interim plan adopted for the probationary basin pursuant to Section 10735.2 of the Water Code.

(B) Any finding by the State Water Resources Control Board under this paragraph shall be considered an act or failure to act within the meaning of, and subject to Section 10736.2 of the Water Code.

(e) The local program prioritizes land repurposing on acres with the lowest soil quality, quality or highest potential habitat value, including lands that consolidate or expand habitat opportunities, expand habitat connectivity or create wildlife corridors, the best aquifer recharge potential, or best opportunity for a community’s recreational use, use or air quality enhancement, greatest potential to enhance water quality, local water supply and water supply reliability, greatest flood protection benefit, or any combination of these characteristics to capture the highest level of potential multiple benefits. Special consideration may be given to projects that maximize consolidation and connectivity, are located adjacent to land with high habitat value, or provide permanent benefits, including protecting community air quality and water supply.

(f) The local program reduces groundwater use in the basin and, in combination with other demand reduction elements in existing groundwater sustainability plans for the basin, contributes measurably to the long-term attainment of the basin’s groundwater sustainability goal.

(g) The local program includes consultation with appropriate local land use agencies and is consistent with the county general plan, and with all other applicable local land use plans.

(h) The local program gives special consideration to the provision of incentive payments to participation of farms and ranches of 500 50 acres or less and to socially disadvantaged farmers and ranchers, as defined in Section 512 of the Food and Agricultural Code.

(i) The local program is developed with input from local stakeholders and community members using stakeholder outreach and communication methods detailed in the Department of Water Resources’ Guidance Document for Groundwater Sustainability Plan - Stakeholder Communication and Engagement and consistent with an adopted stakeholder communication and engagement plan. incorporates local stakeholder and community engagement in all stages of the program, including, where applicable, demonstrating support from at least one disadvantaged community expected to benefit from or be impacted by a project.

(j) The local program will be implemented for a period of at least 10 years on each participating parcel of land.

12285.7.

 Applicants shall satisfy all of the following elements to be eligible to receive program funds:

(a) Applicants shall agree to fund their local programs with participating matching funds of no less than 50 percent of the total amount of program funds that the department would award to them. Up to one-half of the required matching funds may be from in-kind contributions of goods or services.

(b) Applicants shall agree to use funds received from the department pursuant to the program for land repurposing to plan or implement one or more of the following purposes:

(1) Payments for habitat restoration.

(2) Payments for maintaining protecting habitat.

(3) Payments for converting to establishing rangelands.

(4) Payments for constructing multibenefit groundwater recharge facilities.

(5) Payments for restoring floodplains. flood plains.

(6) Payments for planting cover crops.

(7) Payments for dust control measures.

(8) Payments for creating community recreation areas or parks.

(c) Applicants may provide landowners with payments for the costs of certain activities that implement and are consistent with the local program and the program. Applicants may provide payments to landowners on a per-acre basis. Applicants shall agree that per-acre payments made to landowners by their local programs for land repurposing shall be between 25 and 50 percent of the annual average market irrigated cash rental rates for cropland and pastureland for the county or area where the land is located, fixed at the rate at the time of the agreement. For purposes of calculating these rental rates, the most recent, publicly available estimates derived from the survey conducted by the United States Secretary of Agriculture pursuant to paragraph (4) of subdivision (d) of Section 3834 of Title 16 of the United States Code shall be used.

(d) Land that is sold or transferred during the term of the local program shall continue the local program activities until at least the minimum time agreed upon when a grant was awarded, and the grant award shall continue to be used for implementation of the local program.

(e) Applicants may use up to 10 percent of awarded funds on environmental review required pursuant to Division 13 (commencing with Section 21000).

12285.8.

 An application to receive program funds shall include the following:

(a) A description of anticipated groundwater use reduction and cobenefits, including a description of how the local program will prioritize repurposing of agricultural lands to habitat, dryland farming, wildlife-friendly groundwater recharge facilities, recreation space, or rangeland.

(b) A description of the applicant and, if the applicant is the designee of a groundwater sustainability agency or county, a description of that groundwater sustainability agency or county and documentation establishing the applicant’s status as a designee.

(c) The current groundwater sustainability plan or plans plans, or alternative plan or plans approved pursuant to Section 10733.6 of the Water Code, covering the lands where the applicant proposes to implement the local program or a statement that the lands are within an area that is unmanaged in accordance with Section 10724 of the Water Code. program.

(d) If the lands where the applicant proposes to implement the local program are managed by multiple groundwater sustainability agencies, a description of how those lands are managed under the Sustainable Groundwater Management Act, including the management structure or entity and all related coordination or cooperation agreements, joint powers agreements, articles of incorporation, bylaws, ordinances, and other relevant documents or agreements.

(e) If the lands where the applicant proposes to implement the local program are in a basin designated as probationary in accordance with Section 10735.2 of the Water Code, a finding by the State Water Resources Control Board that the local program will help address one or more groundwater sustainability plan deficiencies.

12285.9.

 The department, in consultation with the Department of Water Resources and with stakeholder input, input from local governments, regional agencies, disadvantaged communities, and other stakeholders, shall develop guidelines regarding program eligibility and application requirements, which includes information and resources for applicants, that are consistent with this division, and the department shall determine program eligibility and award program funds consistent with this division using its expertise and discretion.

CHAPTER  4. Monitoring and Reporting

12285.10.

 (a) All applicants, on April 1 following the award of program funds to them and annually thereafter for as long as program funds are expended, shall complete a report describing and evaluating the implementation of their local program and the use of program funds during the previous year, including, but not limited to, the following information:

(1) The number of acres participating in the local program.

(2) The aggregate reduction in groundwater use resulting from acreage participating in the local program.

(3) The public benefits provided by acres repurposed through the local program.

(4) The aggregate cost of enrolling acres in the local program, including a breakdown of payments made pursuant to subdivisions (b) and (c) of Section 12285.7.

(b) If the applicant is a groundwater sustainability agency or county, the annual report shall be posted on the groundwater sustainability agency’s or county’s internet website, or, if the applicant is a designee of a groundwater sustainability agency or county, then the annual report shall be posted on the internet website of the groundwater sustainability agency or county that designated the applicant.

(c) The groundwater sustainability agency that posts the annual report prepared pursuant to this section shall include that report in its annual report of information to the Department of Water Resources pursuant to Section 10728 of the Water Code.

12285.11.

This division shall remain in effect only until January 1, 2032, and as of that date is repealed.

SEC. 6.

 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.

SEC. 7.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to provide urgently needed relief for farmers and agricultural communities that are currently removing irrigated land from production due to the concurrent impacts of drought and implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), it is necessary that this act take effect immediately.