BILL ANALYSIS
SB 1142
Page 1
SENATE THIRD READING
SB 1142 (Wiggins)
As Amended August 18, 2010
Majority vote
SENATE VOTE :23-11
NATURAL RESOURCES 7-0 AGRICULTURE 8-0
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|Ayes:|Chesbro, Gilmore, |Ayes:|Galgiani, Tom Berryhill, |
| |Brownley, | |Conway, Fuller, Hill, Ma, |
| |De Leon, Hill, Huffman, | |Mendoza, Yamada |
| |Logue | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Conway, | | |
| |Bradford, | | |
| |Huffman, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Harkey, Miller, Nielsen, | | |
| |Norby, Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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are not in 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)
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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
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)
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319-2092 FN:
0006210