Bill Text: CA AB2955 | 2019-2020 | Regular Session | Introduced
Bill Title: Agricultural land conservation: California Farmland Conservancy Program Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-04-06 - In committee: Hearing postponed by committee. [AB2955 Detail]
Download: California-2019-AB2955-Introduced.html
Introduced by Assembly Member Robert Rivas |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Division 10.2 (commencing with Section 10200) of the Public Resources Code is amended to read:DIVISION 10.2. AGRICULTURAL LAND STEWARDSHIP PROGRAM OF 1995CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT
SEC. 2.
Section 10201 of the Public Resources Code is amended to read:10201.
The Legislature hereby finds and declares all of the following:(b)
(c)
(d)
(e)
(f)
SEC. 3.
Section 10202 of the Public Resources Code is amended to read:10202.
It is the intent of the Legislature, in enacting this division, to do all of the following:SEC. 4.
Section 10212 of the Public Resources Code is amended to read:10212.
“Applicant” means a city, county, nonprofit organization, resource conservation district, or a regional park or open-space districtSEC. 5.
Section 10213 of the Public Resources Code is amended to read:10213.
(a) “Agricultural land” means prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, farmland of local potential, and commercial grazing land as defined in the Guidelines for the Farmland Mapping and Monitoring Program, pursuant to Section 65570 of the Government Code.SEC. 6.
Section 10213.5 is added to the Public Resources Code, to read:10213.5.
“Agricultural use value” means the fair market value of a property that is restricted by an easement to its productive commercial agricultural use value rather than the highest potential use value for residential or other nonagricultural purposes, plus any reasonable holding and transaction costs incurred by the applicant, as determined by the department.SEC. 7.
Section 10215.3 is added to the Public Resources Code, to read:10215.3.
“Eligible assistance entity” means a nonprofit organization or cooperative with demonstrated technical expertise in agricultural financing and farm business development assistance to achieve the purposes of this division.SEC. 8.
Section 10215.5 is added to the Public Resources Code, to read:10215.5.
“Farmer-purchaser preference” or “option to purchase at agricultural value” means preemptive purchase rights or other provisions that are part of or linked to an agricultural conservation easement providing the easement holder the preferential right to purchase protected agricultural land at its agricultural use value in the event the landowner intends to sell that land to a purchaser who does not intend to maintain the land in commercial agricultural production and who does not demonstrate, in a manner acceptable to the department, a management plan and the agricultural experience to maintain the land in commercial agricultural production. The purpose of this provision is to ensure that farmer-purchasers who would maintain protected land in commercial agricultural production can afford such land that might otherwise be sold at a higher price to other purchasers.SEC. 9.
Section 10221.5 is added to the Public Resources Code, to read:10221.5.
“Productivity provision” means language in the text of an agricultural conservation easement that requires the land under easement to be managed for productive commercial agricultural uses, with reasonable allowances for when temporary fallowing is necessary or appropriate.SEC. 10.
Section 10223 of the Public Resources Code is amended to read:10223.
“Secretary” means the Secretary of the Natural Resources Agency.SEC. 11.
Section 10223.5 is added to the Public Resources Code, to read:10223.5.
“Socially disadvantaged farmer or rancher” has the same meaning as provided in Section 512 of the Food and Agricultural Code.SEC. 12.
Section 10224 of the Public Resources Code is amended to read:10224.
“Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with SectionSEC. 13.
The heading of Chapter 2 (commencing with Section 10230) of Division 10.2 of the Public Resources Code is amended to read:
CHAPTER
2. Agricultural Land Stewardship California Farmland Conservancy Program
SEC. 14.
Section 10230 of the Public Resources Code is amended to read:10230.
(a) (1) The California Farmland Conservancy Program Fund is herebySEC. 15.
Section 10231.3 is added to the Public Resources Code, to read:10231.3.
Moneys in the fund shall also be available for the following purposes:SEC. 16.
Section 10234 of the Public Resources Code is repealed.Every applicant for a grant for the acquisition of fee title or an agricultural conservation easement shall provide by a resolution from the governing body of the local government in which the proposed project is located, and shall certify both of the following:
(a)The proposal meets the eligibility criteria set forth in Section 10251.
(b)The proposal has been approved by the appropriate local governmental governing body.
SEC. 17.
Section 10235 of the Public Resources Code is amended to read:10235.
(a) The director shall not disburse any grant funds until the applicant agrees that any agricultural conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested and that no other use, sale, or other disposition of the easement shall be permitted unless approved by the director, or where the easement may be transferred to a public agency or nonprofit organization, for management purposes.SEC. 18.
Section 10239 of the Public Resources Code is amended to read:10239.
(a)
(b)
(c)Reimburse the fund directly from escrow within 30 days after the sale of the restricted fee title by an amount equal to the department’s proportional share of the net proceeds of the sale.
(1)
(2)
SEC. 19.
Section 10244 of the Public Resources Code is repealed.To be eligible to receive funds pursuant to this division for the acquisition of either agricultural conservation easements or fee title interests, qualified applicants shall submit to the department documentation of the applicable local government’s adopted general plan that demonstrates a long-term commitment to agriculture and agricultural land conservation, including a summary of goals, objectives, and policies and implementation measures that support that commitment.
SEC. 20.
Section 10246 of the Public Resources Code is amended to read:10246.
Grants may be made for land improvements. Use of these grants shall be limited to the improvement of lands protected by agricultural conservation easements under the program, or of lands protected by other qualified conservation easement programs, if the improvement will directly benefit the lands protected by agricultural conservation easements under the program. An application for a land improvement grant shall be evaluated with respect to the extent to which it satisfies one or more of the following criteria:SEC. 21.
Section 10251 of the Public Resources Code is amended to read:10251.
Applicants for an agricultural conservation easement or fee title acquisition grant shall(a)The parcel proposed for conservation is expected to continue to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production.
(b)The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation. This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the easement acquisition is
proposed.
(c)Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.
SEC. 22.
Section 10252 of the Public Resources Code is amended to read:10252.
The director shall evaluate a proposal for a fee title or agricultural conservation easement acquisition grant based upon the overall value of the project, taking into consideration the goals and objectives for this program, and the extent to which the proposed project satisfies the following selection criteria:(c)The city or county demonstrates a long-term commitment to agricultural land conservation as demonstrated by the following:
(1)The general plan and related land use policies of the city or county.
(2)Policies of the local agency formation commission.
(3)California Environmental Quality Act policies and procedures.
(4)The existence of active local agricultural land conservancies or trusts.
(5)The use of an effective right-to-farm ordinance.
(6)Applied strategies for the economic support and enhancement of agricultural enterprise, including water policies, public education, marketing support, and consumer and recreational incentives.
(7)Other relevant policies and programs.
(d)If the land is in a county that participates in the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), the land proposed for protection is within a county or city designated agricultural preserve.
(e)The land proposed for conservation is within two miles outside of the exterior boundary of the sphere of influence of a city as established by the local agency formation commission.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
SEC. 23.
Section 10255 of the Public Resources Code is amended to read:10255.
(b)The governing body of the applicable city or county approves the easement proposal by resolution.
(c)