BILL NUMBER: AB 823	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 21, 2013

   An act to add Section 21095.5 to the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 823, as introduced, Eggman. Environment: agricultural land:
mitigation.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
   This bill would require a lead agency, for a project that converts
agricultural lands for nonagricultural uses, to require mitigation
measures consisting, at a minimum, of providing replacement acreage
through specified mechanisms to ensure the availability of
agricultural production capacity. Because a lead agency would be
required to provide a higher level of service by requiring the
specified mitigation measure, the bill would impose a state-mandated
local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  (a) The Legislature finds and declares that California
agriculture is a $43,000,000,000 per year industry, one of the state'
s largest and most significant industries. California agriculture
supplies 90 percent of the nation's nuts and wine grapes, more than
one-half of the country's fruits and vegetables and is the leading
producer of dairy products.
   (b) It is the intent of the Legislature to enhance the long-term
viability of California agriculture by clarifying farmland mitigation
requirements under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code.
  SEC. 2.  Section 21095.5 is added to the Public Resources Code, to
read:
   21095.5.  For a project that converts agricultural lands for
nonagricultural uses, the lead agency shall require mitigation
measures consisting, at a minimum, of providing replacement acreage
through a grant, in perpetuity, of an agricultural or farmland
conservation easement, a deed restriction, or other conservation
mechanism on the replacement acreage to ensure the availability of
agricultural production capacity by limiting nonagricultural
development that is inconsistent with agricultural uses and related
activities for the benefit of a qualified entity.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.