Bill Text: CA SB1142 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agricultural resources: grants.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 323, Statutes of 2010. [SB1142 Detail]

Download: California-2009-SB1142-Amended.html

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BILL NUMBER: SB 1142	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010

INTRODUCED BY   Senator Wiggins
   (Principal coauthor: Assembly Member Blakeslee)
    (   Coauthor:   Senator   Pavley
  ) 
   (Coauthors: Assembly Members Tom Berryhill, Conway,  Evans,
 Galgiani, Hill, Huffman, Ma, Monning, and Yamada)

                        FEBRUARY 18, 2010

   An act to add Section 10252.5 to the Public Resources Code,
relating to agricultural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1142, as amended, Wiggins. Agricultural resources: grants.
   The California Farmland Conservancy Program Act establishes a
program for grants  from the Department of Conservation  for
the acquisition of agricultural conservation easements or fee title.

   The act imposes requirements for the funding of agricultural
conservation easements. The act creates the California Farmland
Conservancy Program Fund. The moneys in the fund, upon appropriation,
are required to be used for the purposes of the program, including
the purchase of agricultural conservation easements. The act requires
an applicant for an agricultural conservation easement to meet
specified eligibility criteria related to commercial agricultural
production and agricultural land conservation, and specifies criteria
the Director of Conservation is required to consider in evaluating
the proposal.
   This bill, notwithstanding any other provision of the act, would
authorize the Director of Conservation to make grants from a source
other than the fund, and, upon appropriation by the Legislature from
that source, disburse moneys for those grants to an applicant for the
acquisition of an agricultural conservation easement, if the
director determines that the grant meets the purposes of the act and
additional specified requirements, including that the easement does
not, and will not, substantially prevent agricultural uses on the
easement property and that any restriction on the current or
reasonably foreseeable agricultural use of the easement property
would only be imposed to restrict those areas of the property that
are not in cultivation.
   Existing law also establishes the Soil Conservation Fund, which
provides money, upon appropriation by the Legislature, for specified
land use purposes.
   This bill would establish the Farm, Ranch, and Watershed Account
within the Soil and Conservation Fund from which money would be
disbursed to provide the above grants.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 10252.5 is added to the Public Resources Code,
to read:
   10252.5.  (a) Notwithstanding any other provision of this division
and subject to subdivision (b), the director may make a grant, and
disburse moneys for that grant from a source other than the fund, to
an applicant for the acquisition of an agricultural conservation
easement, if the director determines that the grant meets the
purposes of this division and upon appropriation by the Legislature
with regard to state funds from a source other than the fund.
   (b) An agricultural conservation easement that is funded by a
grant issued pursuant to subdivision (a) shall meet all of the
following requirements:
   (1) The primary purpose for which the easement is being sought is
consistent with  the  continuing agricultural use of
the easement property.
   (2) The easement does not, and will not, substantially prevent
agricultural uses on the easement property.
   (3) Any restriction 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.
   (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 the 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 the
director.
   (c) (1) In enacting this provision, it is the intent of the
Legislature that moneys other than those appropriated to the fund be
used to provide grants to implement this section.
   (2) The Farm, Ranch, and Watershed Account is hereby established
within the Soil and Conservation Fund. Moneys in that account shall
be used to provide grants to implement this section.