BILL ANALYSIS
SB 1142
Page 1
Date of Hearing: June 21, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1142 (Wiggins) - As Introduced: February 18, 2010
SENATE VOTE : 23-11
SUBJECT : Agricultural resources: grants
SUMMARY : Authorizes the Department of Conservation (DOC) to
make grants for the acquisition of an agricultural conservation
easement under certain conditions in order to protect
non-agricultural values such as flood protection, wildlife
habitat, and open space.
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.
2)Requires an applicant 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
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
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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.
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 CFCP Fund (Fund), monies of which are appropriated
by the Legislature in the annual Budget Act for the purposes
of the CFCP.
THIS BILL : Authorizes the DOC to make a grant for the
acquisition of an agricultural conservation easement from a
source other than the Fund if the easement meets all of the
following criteria:
1)The primary purpose for which the easement is being sought is
consistent with continuing agricultural use of the easement
property;
2)The easement does not, and will not, substantially prevent
agricultural use of the easement property;
3)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;
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4)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;
5)The nonagricultural qualities that will be protected by the
easement are inherent to the easement property; and
6)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.
FISCAL EFFECT : According to an Assembly Appropriations
Committee analysis of an identical bill (AB 929) introduced this
year, 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.
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 from
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
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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.
1)DOC needs more granting flexibility to protect
non-agricultural values
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
more diverse funding sources, such as Propositions 84 and 1E,
which recognize the importance of multiple resource protection.
Proposition 84 provides $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.
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.
2)This bill is identical to AB 929 (Blakeslee) which this
committed passed 9-0 last year and AB 1180 (Blakeslee, 2007).
3)Dual Referral
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This bill has been double-referred to the Assembly Agriculture
Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Land Conservancy
Amigos de los Rios
Audubon California
Bay Area Open Space Council
Big Sur Land Trust
California Coastal Coalition
California Council of Land Trusts
California League of Conservation Voters
California Rangeland Trust
Catalina Island Conservancy
Central Valley Land Trust Council
Eastern Sierra Land Trust
Defenders of Wildlife
Environment California
Feather River Land Trust
Lake County Land Trust
Land Conservancy of San Luis Obispo
County
Land Trust for Santa Barbara County
Land Trust of Napa County
Land Trust of Santa Cruz County
Lassen Land & Trails Trust
Marin Agricultural Land Trust
Mendocino Land Trust
Mountain Meadows Conservancy
Muir Heritage Land Trust
Natural Resources Defense Council
Pacific Forest Trust
Peninsula Open Space Trust
Placer Land Trust
Planning and Conservation League
Preserve Calaveras
Sanctuary Forest, Inc.
San Diego River Park Foundation
San Joaquin River Parkway and Conservation Trust
Save Mount Diablo
Sempervirens Fund
Sequoia Riverlands Trusts
Sierra-Cascade Land Trust Council
Sierra-Foothill Conservancy
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Solano Land Trust
Sonoma Land Trust
The San Diego River Park Foundation
Tri-Valley Conservancy
Truckee Donner Land Trust
Trust for Public Land
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092