BILL ANALYSIS
AB 929
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 929 (Blakeslee) - As Introduced: February 26, 2009
NATURAL RESOURCES 9-0
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|Ayes:|Skinner, Gilmore, Brownley, |
| |Chesbro, |
| |De Leon, Hill, Huffman, |
| |Knight, Logue |
| | |
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SUBJECT : Agricultural conservation easements: Grants.
SUMMARY : Allows the Department of Conservation (DOC) to make
grants for agriculture conservation easements (easements) under
certain conditions in order to protect natural resources on
agricultural lands that are compatible with agriculture.
Specifically, this bill :
1)Allows DOC to make grants or disburse funds for a grant for
easements that meet all of the following requirements:
a) The main reason for the easement is consistent with
continuing agricultural use on the land;
b) The easement does not significantly prevent agricultural
use;
c) Any limits on current and foreseeable agricultural use
of the easement will be limited to land that is not in
cultivation;
d) If the easement land is identified as cultivated land,
the easement land is allowed to remain commercially
cultivated with the minimum restriction needed to meet the
easement requirements;
e) The nonagricultural characteristics protected by the
easement are inherent to the easement land; and,
f) Any additional easements or deed restrictions placed on
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easement land shall be secondary to the original easement
and require approval of DOC.
2)Requires any funding for easements under this section not come
from the California Farmland Conservancy Program Fund (Fund).
EXISTING LAW authorizes, pursuant to The California Farmland
Conservancy Program Act (CFCP), DOC to issue grants to local
governments, districts, and nonprofits to acquire agricultural
conservation easements to preserve farmland. These perpetual
easements keep agricultural land in private ownership while the
owners voluntarily agree to limit the land to agricultural use.
After 25 years or more the land owner may ask DOC to terminate
an easement. To terminate the easement, the local government
must undertake an inquiry to determine the feasibility of
profitable farming on the subject land. DOC must make seven
specified findings before it can approve termination. If
termination is approved, the landowner must repurchase the
easement by paying the difference between the fair market value
of the land and its restricted value. (Public Resources Code
Section 10200, et seq.).
FISCAL EFFECT : Unknown. This bill is keyed fiscal by
Legislative Counsel.
COMMENTS : For the last 13 years, DOC has supported farmland
conservation by funding grants for easements through CFCP. In
authorizing CFCP, the Legislature recognized the contribution
farmland made to the state and local communities. Current
requirements state that CFCP's grants cannot make any
restriction on agricultural activities.
According to the author, this bill provides DOC with flexibility
and greater resources to preserve agricultural land through
easements that offer a public benefit and are compatible with
agricultural use. Examples of a public benefit are flood
protection and wildlife habitat.
According to DOC's 2006 farmland conversion summary, 43,986
acres of farmland are converted to urban use during an average
year.
According to CFCP, an agricultural conservation easement is a
voluntary, legally recorded deed restriction that is placed on a
specific property used for agricultural production. The goal of
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an agricultural conservation easement is to maintain
agricultural land in active production by removing the
development pressures from the land.
PREVIOUS LEGISLATION : AB 1180 (Blakeslee) of 2007 would have
authorized DOC to issue grants for specified agricultural
conservation easements, and prohibited the use of funds from the
CFCP Fund for the new easements authorized. This bill was
placed on Senate Appropriation's suspense file.
REGISTERED SUPPORT / OPPOSITION :
Support
California Council of Land Trusts (sponsor)
American Land Conservancy
Amigos de los Rios
Audubon California
Bay Area Open Space Council
Big Sur Land Trust
Bolsa Chica Land Trust
California Coastal Coalition
California League of Conservation Voters
California Rangeland Trust
Catalina Island Conservancy
Central Valley Land Trust Council
Defenders of Wildlife
Eastern Sierra Land Trust
Feather River Land Trust
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust for of Napa County
Land Trust for Santa Barbara County
Land Trust of Santa Cruse County
Lassen Land & Trails Trust
Marin Agricultural Land Trust
Mendocino Land Trust
Mountain Meadows Conservancy
Muir Heritage Land Trust
Natural Resources Defense Council
Peninsula Open Space Trust
Placer Land Trust
Planning and Conservation League
Preserve Calavera
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San Diego River Park Foundation
San Joaquin River Parkway and Conservation Trust
Sanctuary Forest, Inc.
Save Mt. Diablo
Sempervirens Fund
Sequoia Riverland Trust
Shasta Land Trust
Sierra Foothill Conservancy
Sierra-Cascade Land Trust Council
Solano Land Trust
Sonoma Land Trust
Tri-Valley Conservancy
Truckee Donner Land Trust
Trust for Public Land
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084