BILL NUMBER: AB 365	CHAPTERED
	BILL TEXT

	CHAPTER  605
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2005
	APPROVED BY GOVERNOR  OCTOBER 6, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2005
	PASSED THE SENATE  JULY 11, 2005
	AMENDED IN SENATE  MAY 25, 2005
	AMENDED IN ASSEMBLY  APRIL 14, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Salinas
   (Coauthor: Assembly Member Maze)

                        FEBRUARY 11, 2005

   An act to amend Sections 23 and 24 of, and to add Sections 23.6
and 33 to, the Food and Agricultural Code, and to amend Section 51201
of the Government Code, relating to agricultural lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 365, Salinas  Local agencies: agricultural lands.
   Existing law defines plants that are being produced by nurseries
as "growing agricultural crops" for the purposes of any laws that
pertain to the agricultural industry of the state.
   This bill would state that plants and floricultural crops that are
being produced by nurseries, whether in open fields or in
greenhouses, shall be considered "growing agricultural crops" for the
purposes of those laws and that those laws shall apply equally to
greenhouses and open field nursery operations. This bill would make
other related changes.
    Existing law, the Williamson Act, provides that a landowner and a
city or county may enter into a mutually beneficial contract to
restrict the use of agricultural land by creating an "agricultural
preserve," as defined, in order to preserve the limited supply of
agricultural land necessary to the conservation of the state's
economic resources. The act also defines other terms for purposes of
its provisions, including "agricultural use."
   This bill would revise the definition of "agricultural use" to
include greenhouses and would define "greenhouse."


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


  SECTION 1.  Section 23 of the Food and Agricultural Code is amended
to read:
   23.  (a) Inasmuch as the planned production of trees, vines, rose
bushes, ornamental plants, floricultural crops, and other
horticultural crops is distinguishable from the production of other
products of the soil only in relation to the time elapsing before
maturity, plants and floricultural crops that are being produced by
nurseries, whether in open fields or in greenhouses, shall be
considered to be "growing agricultural crops" for the purpose of any
laws that pertain to the agricultural industry of the state, and
those laws shall apply equally to greenhouses and open field nursery
operations.
   (b) For the reasons stated in subdivision (a), a nursery where the
primary activity is the planned production of horticultural crops,
is a farm. However, for the purposes of this section and any laws
that pertain to farms in this state, a retail nursery is not a farm.

  SEC. 2.  Section 23.6 is added to the Food and Agricultural Code,
to read:
   23.6.  The Legislature hereby finds and declares that greenhouse
production of floricultural, ornamental, or other nursery and
agricultural products in the state is a growing industry that
provides valuable agricultural products and year-round employment for
agricultural workers. The Legislature further declares that
greenhouse production is an efficient self-contained production
system that offers protections for the environment and allows for the
use of conservation-oriented production technologies, including drip
irrigation, water recycling, and hydroponics, and the use of energy
conservation systems.
  SEC. 3.  Section 24 of the Food and Agricultural Code is amended to
read:
   24.  It is hereby declared, as a matter of legislative
determination, that the provisions of this section are enacted in the
exercise of the power of this state for the purpose of protecting
and furthering the public health and welfare. It is further declared
that the floriculture and nursery industry of this state is affected
with a public interest, in that, among other things:
   (a) The production, processing, manufacture, and distribution of
floriculture and nursery products constitute a paramount industry of
this state which not only provides substantial and required revenues
for the state and its political subdivisions by tax revenues and
other means, and employment and a means of livelihood for many
thousands of its population, but also furnishes substantial
employment to related industries that are vital to the public health
and welfare.
   (b) Basic research and development for floriculture and the
nursery industries contribute substantially to food production in
this state which is essential to the welfare and health of its
citizens.
   It is also declared that the elimination of disorderly marketing
of California floricultural and nursery products, and the development
of new and larger markets through education, promotion and other
means for these products, are affected with the public interest.
   (c) All production of floriculture and nursery products in
greenhouses shall be deemed equivalent to the production of
floricultural products in open fields.
  SEC. 4.  Section 33 is added to the Food and Agricultural Code, to
read:
   33.  "Greenhouse" means a structure covered with transparent or
translucent materials for the purpose of admitting natural light and
controlling the atmosphere for growing plants, including
floricultural, ornamental, or other nursery and agricultural
products.
  SEC. 5.  Section 51201 of the Government Code is amended to read:
   51201.  As used in this chapter, unless otherwise apparent from
the context:
   (a) "Agricultural commodity" means any and all plant and animal
products produced in this state for commercial purposes.
   (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
great 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 essential 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).