California Legislature—2013–14 Regular Session

Assembly BillNo. 57


Introduced by Assembly Member Yamada

January 7, 2013


An act to amend Section 10262 of the Public Resources Code, relating to agricultural conservation easements.

LEGISLATIVE COUNSEL’S DIGEST

AB 57, as introduced, Yamada. Agricultural conservation easements.

Existing law, the California Farmland Conservancy Program Act, prescribes procedures for the establishment of agricultural conservation easements intended to preserve and protect certain agricultural lands in the state. Existing law specifies that an agricultural conservation easement shall not prevent, among other things, the granting of leases, assignments, or other conveyances, or the issuing of permits, licenses, or other authorization, for the exploration, development, storage, or removal of oil and gas by the owner of the subject land, or for the development of related facilities or for the conduct of incidental activities, as long as the agricultural productivity of the subject land and any multiple uses that made the acquisition a priority for selection under the agricultural conservation easement program, are not thereby significantly impaired.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 10262 of the Public Resources Code is
2amended to read:

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10262.  

An agricultural conservation easement shall not prevent
4any of the following:

5(a) The granting of leases, assignments, or other conveyances,
6or the issuing of permits, licenses, or other authorization, for the
7exploration, development, storage, or removal of oil and gas by
8the owner of the subject land, or for the development of related
9facilities or for the conduct of incidental activities,begin delete as long asend delete
10begin insert provided thatend insert the agricultural productivity of the subject land and
11any multiple uses that made the acquisition a priority for selection
12under the program, are not thereby significantly impaired.

13(b) The granting of rights-of-way by the owner of the subject
14land in and through the land for the installation, transportation, or
15use of water, sewage, electric, telephone, gas, oil, or oil products
16lines, stock water development and storage, energy generation,
17and fencing, provided that the agricultural productivity of the land
18and any multiple uses that made the acquisition a priority for
19selection under the program, are not significantly impaired by
20those activities.

21(c) The construction and use of structures on the subject land
22that are necessary for agricultural production and marketing,
23including, but not limited to, barns, shops, packing sheds, cooling
24facilities, greenhouses, roadside marketing stands, stock water
25development and storage, energy generation, and fencing, provided
26that the agricultural productivity of the land and any multiple uses
27that made the acquisition a priority for selection under the program,
28are not significantly impaired by those activities.

29(d) Customary part time or off season rural enterprises or
30activities, including, but not limited to, hunting and fishing, wildlife
31habitat improvement, predator control, timber harvesting, and
32firewood production, provided that the agricultural productivity
33of the land and any multiple uses that made the acquisition a
34priority for selection under the program, are not significantly
35impaired by those activities.



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