BILL ANALYSIS
AB 929
Page 1
ASSEMBLY THIRD READING
AB 929 (Blakeslee)
As Introduced February 26, 2009
Majority vote
NATURAL RESOURCES 9-0 AGRICULTURE 8-0
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|Ayes:|Skinner, Gilmore, |Ayes:|Galgiani, Tom Berryhill, |
| |Brownley, Chesbro, De | |Conway, Fuller, Ma, |
| |Leon, Hill, Huffman, | |Mendoza, Yamada, Bonnie |
| |Knight, Logue | |Lowenthal |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|De Leon, Nielsen, Ammiano, | | |
| |Charles Calderon, Davis, Duvall, | | |
| |Fuentes, Hall, Harkey, Miller, | | |
| |John A. Perez, Price, Skinner, | | |
| |Solorio, | | |
| |Audra Strickland, Torlakson, | | |
| |Krekorian | | |
|-----+---------------------------------+--+---------------------|
| | | | |
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SUMMARY : Authorizes the Department of Conservation (DOC) to
make grants for the acquisition of an agricultural conservation
easement in order to protect non-agricultural values such as
flood protection, wildlife habitat, and open space.
Specifically, this bill:
1)Authorizes the DOC to make a grant for the acquisition of an
agricultural conservation easement from a source other than
the California Farmland Conservancy Program Fund (Fund) if the
easement meets all of the following criteria:
a) The primary purpose for which the easement is being
sought is consistent with continuing agricultural use of
the easement property;
b) The easement does not, and will not, substantially
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prevent agricultural use of the easement property;
c) Any restrictions on the current or reasonably
foreseeable agricultural use of the easement property would
only be imposed to restrict those areas of the easement
property that are not in cultivation;
d) If the easement property has characteristics or
qualities that meet the original purpose of the funding
source as cultivated land, the easement property may
continue to be commercially cultivated with the minimum
restrictions necessary to meet with original funding source
requirements;
e) The nonagricultural qualities that will be protected by
the easement are inherent to the easement property; and,
f) The easement will require that a subsequent easement or
deed restriction placed on the easement property will be
subordinate to the agricultural conservation easement and
require approval of DOC.
EXISTING LAW : Enacts the California Farmland Conservancy
Program (CFCP) Act (Public Resources Code section 10200, et
seq.). The CFCP, in part:
1)Authorizes the DOC to issue grants to local governments,
districts, and nonprofit organizations to acquire agricultural
conservation easements and fee title interests to preserve
farmland. These perpetual easements keep agricultural land in
private ownership while the owners voluntarily agree to limit
use of the land to agricultural production only.
2)Requires applicants for an easement or acquisition grant to
meet three criteria:
a) The parcel proposed for conservation is expected to
continue to be used for, and is large enough to sustain,
commercial agricultural production;
b) The applicable city or county has a general plan that
demonstrates a long-term commitment to agricultural land
conservation; and,
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c) Without conservation, the land proposed for protection
is likely to be converted to nonagricultural use in the
foreseeable future.
3)Requires the DOC to evaluate a grant proposal based on
selection criteria such as:
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) Whether the proposal meets multiple natural resource
conservation objectives, including, but not limited to,
wetland protection, wildlife habitat conservation, and
scenic open-space preservation;
c) Whether the city or county demonstrates a long-term
commitment to agricultural land conservation as
demonstrated by, among other things, the policies of its
general plan, of active local agricultural land
conservancies or trusts, and an effective right-to-farm
ordinance; and,
d) The conservation of the land supports long-term private
stewardship and continued agricultural production in the
region.
4)Prohibits the DOC from making a grant to acquire agricultural
conservation easements which restrict husbandry practices
defined broadly as "commercial agricultural activities," as
further specified.
5)Creates the Fund, monies of which are appropriated by the
Legislature in the annual Budget Act for the purposes of the
CFCP.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potentially substantial cost pressures, in the
millions of dollars annually, primarily to proceeds of bonds
authorized by Proposition 1E approved by voters at the November
2006 statewide election and to any future funding made available
for the uses described in this bill.
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COMMENTS : The Legislature established the CFCP in 1996 to
encourage the permanent conservation of productive agricultural
lands. In doing so, the Legislature recognized the important
contribution that farmland makes to the state, national and
world food supply, as well as the additional benefits that
farmland provides in the form of wildlife habitat conservation,
wetland protection, and scenic open space preservation.
Unfortunately, much of the land area needed to support the
state's growing population increase continues to be provided by
conversion of the state's farmland, particular in urbanizing
areas that are situated within historically agricultural
landscapes. More than 50,000 acres of farmland are converted to
urban uses each year, and thousands more are transformed into
low density, unincorporated rural developments.
The CFCP supports local efforts to conserve farmland by
providing grant funds (currently, from Propositions 12 and 40)
for the purchase of agricultural conservation easements.
Agricultural conservation easements are deed restrictions that
ensure that land can never be used for purposes that will
interfere with farming, while leaving farmers free to make
agricultural management decisions on their land. Grant funds
are made available through a competitive process to qualified
applicants. To date, DOC has provided grants for the purchase
of more than 100 agricultural conservation easements on more
than 33,000 acres of farmland in the state.
Existing law prohibits the DOC from making CFCP grants to
acquire easements which restrict agricultural practices in any
way. However, some funding sources (e.g., Propositions 84 and
1E) not currently available to the DOC are structured to protect
multiple uses or values such as agriculture and wildlife
habitat. Accordingly, these sources, in essence, seek a
compromise between exclusive land uses in order to protect the
fundamental attributes that make the land valuable for both
uses. For example, if a river runs through agricultural lands,
it may make sense to restrict activity in or near a riparian
zone, through an easement, in order to protect riparian habitat
or water quality. Non-cultivated portions of farmland could
also be restricted because it does not provide ideal farming
conditions but could provide habitat or flood protection.
This bill will allow DOC to maximize agricultural land
conservation opportunities by permitting the CFCP to draw from
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more diverse funding sources, such as Proposition 84 and
Proposition 1E bond funds that recognize the importance of
multiple resource protection. Proposition 84 provides for $90
million in grants and incentives for, among other things, the
development of regional local land use plans designed to protect
natural resources and agricultural lands. Proposition 1E
provides $290 million for the protection, creation, and
enhancement of flood protection corridors and bypasses through
acquisition of easements to protect or enhance flood protection
corridors while preserving agricultural use or wildlife values.
However, if this bill were to become law, DOC would continue to
pursue easements on properties that exclusively protect
agricultural uses. This authority would only be used if the
Department is awarded or becomes eligible for funds designed to
protect multiple resources, including agricultural resources.
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092
FN: 0001112