BILL ANALYSIS
SB 1142
Page 1
SENATE THIRD READING
SB 1142 (Wiggins)
As Amended August 2, 2010
Majority vote
SENATE VOTE :23-11
NATURAL RESOURCES 7-0 AGRICULTURE 8-0
-----------------------------------------------------------------
|Ayes:|Chesbro, Gilmore, |Ayes:|Galgiani, Tom Berryhill, |
| |Brownley, | |Conway, Fuller, Hill, Ma, |
| |De Leon, Hill, Huffman, | |Mendoza, Yamada |
| |Logue | | |
-----------------------------------------------------------------
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Fuentes, Conway, | | |
| |Bradford, | | |
| |Huffman, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Harkey, Miller, Nielsen, | | |
| |Norby, Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Authorizes the Director of the Department of
Conservation (DOC) to make grants for the acquisition of an
agricultural conservation easement from a source other than the
California Farmland Conservancy Program (CFCP) Fund under certain
conditions including:
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
SB 1142
Page 2
cultivation.
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.
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.
EXISTING LAW : Enacts the CFCP Act (Public Resources Code Section
10200, et seq.). The CFCP, in part, authorizes the director of
DOC to issue grants to local governments, districts, and nonprofit
organizations to acquire agricultural conservation easements and
fee title interests to preserve farmland.
FISCAL EFFECT : According to an Assembly Appropriations Committee,
this bill could potentially substantial cost pressures, in the
millions of dollars annually, primarily to proceeds of bonds
proceeds 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
SB 1142
Page 3
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
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 DOC is awarded or
becomes eligible for funds designed to protect multiple resources,
including agricultural resources.
Analysis Prepared by : Jessica Westbrook / NAT. RES. / (916)
SB 1142
Page 4
319-2092
FN: 0005957