BILL NUMBER: SB 1224	CHAPTERED  09/04/01

	CHAPTER  234
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2001
	PASSED THE ASSEMBLY  AUGUST 20, 2001
	PASSED THE SENATE  MAY 24, 2001
	AMENDED IN SENATE  APRIL 24, 2001

INTRODUCED BY   Committee on Agriculture and Water Resources
(Senators Costa (Chair), Alpert, Kuehl, Machado, Monteith, and
Torlakson)

                        MARCH 26, 2001

   An act to amend Section 10252 of, and add Section 615 to, the
Public Resources Code, relating to farmland conservancy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1224, Committee on Agriculture and Water Resources.  Farmland
conservancy.
   Existing law, the California Farmland Conservancy Program Act,
establishes a program for grants from the Department of Conservation
to local governments and nonprofit organizations, subject to
prescribed requirements and in accordance with procedures set forth
in the act, for the acquisition of agricultural conservation
easements, as defined, and for incidental costs.  If a proposed
agricultural conservation easement meets the eligibility criteria of
the act, the department reviews the proposal based on selection
criteria, which take into consideration the amount of matching funds
and in-kind services contributed by local governments.
   This bill would expand the selection criteria to consider matching
funds and in-kind services contributed by sources other than local
governments.
   Existing law establishes supplemental requirements, as specified,
for contracts entered into by any state agency for the procurement of
materials, supplies, equipment, and services.
   This bill would exempt grant awards made pursuant to specified
grant programs by the Department of Conservation from the
requirements pertaining to public contracts.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 615 is added to the Public Resources Code, to
read:
   615.  Grants awarded by the department, including, but not limited
to, those awarded pursuant to Division 9 (commencing with Section
9000), Division 10.2 (commencing with Section 10200), and Division
12.1 (commencing with Section 14500), are not subject to the State
Contract Act, Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code or Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
  SEC. 2.  Section 10252 of the Public Resources Code is amended to
read:
   10252.  If the department determines that the proposed
agricultural conservation easement meets the eligibility criteria set
forth in Section 10251, the proposal shall be reviewed based upon
the extent to which it satisfies the following selection criteria:
   (a) The quality of the agricultural land, based on land
capability, farmland mapping and monitoring program definitions,
productivity indices, and other soil, climate, and vegetative
factors.
   (b) The proposal meets multiple natural resource conservation
objectives, including, but not limited to, wetland protection,
wildlife habitat conservation, and scenic open-space preservation.
   (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) The applicant demonstrates fiscal and technical capability to
effectively carry out the proposal.  Technical capability may be
demonstrated by agricultural land conservation expertise on the
governing board or staff of the applicant, or through partnership
with an organization that has that expertise.
   (g) The proposal demonstrates a coordinated approach among
affected landowners, local governments, and nonprofit organizations.
If other entities are affected, there is written support from those
entities for the proposal and a willingness to cooperate.  The
support of neighboring landowners who are not involved in the
proposal shall be considered.
   (h) The conservation of the land supports long-term private
stewardship and continued agricultural production in the region.
   (i) The proposal demonstrates an innovative approach to
agricultural land conservation with a potential for wide application
in the state.
   (j) The amount of matching funds and in-kind services contributed
by local governments and other sources.
   (k) The price of the proposed easement purchase is cost-effective
in comparison to the actual easement value.
   (l) Other relevant considerations established by the director.