Chapter 2 - California Farmland Conservancy Program

California Public Resources Code — §§ 10230-10246

Sections (18)

Amended by Stats. 2022, Ch. 502, Sec. 10. (AB 2964) Effective January 1, 2023.

(a)The California Farmland Conservancy Program Fund is hereby created.

(b)(1) Except

as provided in paragraph (2), the moneys in the fund shall, upon appropriation by the Legislature in the annual Budget Act, be used for the purposes of the program.

(2)Notwithstanding paragraph (1), moneys may be deposited into the fund from federal grants, and gifts and donations, including

interest earned, that are designated and required by the donor to be used exclusively for the purposes of the program, and notwithstanding Section 13340 of the Government Code, those moneys are hereby continuously appropriated to the department for expenditure for the purposes of this program.

§ 10230.2

Added by Stats. 2022, Ch. 502, Sec. 11. (AB 2964) Effective January 1, 2023.

(a)The California Farmland Conservancy Program is hereby established in the department.

(b)The program may offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management, including, but not limited to, any of the following:

(1)Acquisition of agricultural conservation easements or fee title to protect the land’s agricultural use or capacity that meets the following requirements:

(A)The primary purpose for which the easement or fee title is being sought is consistent with continuing agricultural use of the property.

(B)The easement or fee title does not, and will not, substantially prevent agricultural uses on the property.

(C)Any nonagricultural qualities that will be protected by the easement or fee title, if applicable, are inherent to the property.

(2)Improvements to land protected by a conservation easement, deed restriction, or similar long-term agreement as determined by the director.

(3)Plans to protect and conserve agricultural lands and plans to protect,

conserve, restore, or enhance resources or values located on, or adjacent to, agricultural lands or that were historically present on agricultural lands. These may include, but are not limited to, either of the following:

(A)An agricultural land component or element of a general plan developed pursuant to Section 65565 of the Government Code.

(B)Land conservation strategies and plans to identify and develop potential projects.

(4)Technical assistance to develop projects, prepare applications, and implement projects.

(5)Administrative costs incurred by the department to administer the program.

(6)Any other purposes approved by the Legislature in a funding appropriation for the program.

§ 10231

Amended by Stats. 2022, Ch. 502, Sec. 13. (AB 2964) Effective January 1, 2023.

(a)Funding shall be used in accordance with the expenditures and distribution authorized, required, or otherwise provided in the program for grants for the acquisition of agricultural conservation easements or fee title.

(b)The department may pay direct costs associated with the acquisition, as determined by the department, for costs incurred during the grant term.

§ 10231.5

Added by Stats. 1999, Ch. 503, Sec. 8. Effective January 1, 2000.

The department may accept donations of funds if the department is the designated beneficiary of the donation and it agrees to use the funds for purposes of the program in a county specified by the donor. Any donation made to the department pursuant to this section is subject to the requirements of Sections 11005 and 16302 of the Government Code.

§ 10232

Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.

The director shall not approve a grant if the local government requesting a grant has acquired, or proposes to acquire, the agricultural conservation easement through the use of eminent domain, unless requested by the owner of the land.

§ 10233

Amended by Stats. 2002, Ch. 616, Sec. 7. Effective January 1, 2003.

Each application for a grant pursuant to this division shall contain a matching funding component, as specified in this section, and may be provided in the form of cash or in-kind services, or any combination thereof, as determined by the department.

(a)Each application for a grant for the purchase of an agricultural conservation easement shall contain a matching component of not less than 5 percent of the value of the grant or a landowner donation of not less than 10 percent of the appraised fair market value of the agricultural conservation easement. In situations where both matching funds and donations of easement value are being combined, the combined match shall be not less than 10 percent of the appraised fair market value of the agricultural conservation easement. Up to 50 percent of contributions to an agricultural conservation easement monitoring endowment for the subject property may be provided as a component of a qualified grant match under this division, as determined by the department.

(b)Each application for a planning or land improvement grant pursuant to Section 10230 shall contain a matching funding component of not less than 10 percent of the proposal’s total cost.

(c)Each application for a fee title acquisition grant shall contain a matching component of not less than 5 percent of the value of the grant.

§ 10235

Amended by Stats. 2022, Ch. 502, Sec. 15. (AB 2964) Effective January 1, 2023.

(a)The director shall not disburse any grant funds unless the applicant agrees that the grant funds shall be used by the applicant only for the purpose for which the funds were requested and awarded. For a grant for an agricultural conservation easement, the director shall not disburse any grant funds unless the applicant agrees that no other use, sale, or other disposition of the easement shall be permitted unless approved by the director, or where the easement may be transferred to a public agency or nonprofit organization, for management purposes.

(b)If a local government or nonprofit organization holding the easement is dissolved, it shall be

transferred to an appropriate public agency or nonprofit organization, as provided in this division.

(c)The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement, including the landowner, the easement holder, and the director. The director shall determine that the amendment is not inconsistent with this division before it may be amended.

§ 10235.5

Added by Stats. 1999, Ch. 503, Sec. 10. Effective January 1, 2000.

The department may establish a payment system for the purchase of an agricultural conservation easement that is mutually satisfactory to the department and the seller of the easement, provided that full payment for the easement is secured.

§ 10236

Amended by Stats. 2022, Ch. 502, Sec. 16. (AB 2964) Effective January 1, 2023.

If the funds are used for the acquisition of an agricultural conservation easement or fee title pursuant to a local transfer of development rights program, upon the sale of the easement or fee title and its attendant development rights, the entity that holds the easement shall reimburse the fund by an amount equal to the fair market value of the easement, as determined by an appraisal approved by the department.

§ 10237

Amended by Stats. 2022, Ch. 502, Sec. 17. (AB 2964) Effective January 1, 2023.

The director shall not disburse any grant funds for easement or fee title acquisitions unless the applicant, and in the case of an easement acquisition grant, the seller, agrees to restrict the use of the land in perpetuity.

§ 10238

Amended by Stats. 2024, Ch. 7, Sec. 30. (SB 477) Effective March 25, 2024.

(a)The director shall not disburse any grant funds to acquire agricultural conservation easements that restrict husbandry practices.

(b)The following uses and activities shall be deemed consistent and compatible with any agricultural conservation easement funded under this division and shall not be considered to restrict husbandry practices:

(1)Those uses and activities specified in Sections 10246 and 10262.

(2)The production, processing, and marketing of agricultural crops, agricultural products, and livestock.

(3)The restoration, enhancement, maintenance, protection,

and conservation of natural resources if those activities are carried out in accordance with generally accepted best management practices and that the long-term agricultural use of the conserved land is not thereby significantly impaired.

(4)Activities to reduce the agricultural operation’s emissions of greenhouse gases, and to improve, promote, or enhance the land’s adaptation and resilience to climate change, if the long-term agricultural use of the conserved land is not thereby significantly impaired.

(5)Activities to support water conservation and protection, improved air quality, and fuels reduction and management, including to protect the conserved land and neighboring properties from catastrophic wildfire, if the long-term agricultural use of the conserved land is not thereby significantly impaired.

(6)The

construction, reconstruction, and use of secondary dwelling units and farm worker housing, subject to reasonable limitations on size and location, if the long-term agricultural use of the conserved land is not thereby significantly impaired. The limitations on secondary dwelling units and farm worker housing shall not be more restrictive than Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code or Section 17021.6 of the Health and Safety Code, respectively, or local building permit requirements.

(7)The construction, reconstruction, or use of renewable energy facilities to generate energy for the agricultural and residential needs of the conserved land if the long-term agricultural use of the conserved land is not thereby significantly impaired.

§ 10239

Amended by Stats. 2007, Ch. 254, Sec. 6. Effective September 26, 2007.

The director shall disburse funds to an applicant for a grant for the acquisition of fee title to agricultural land only if the applicant agrees to all of the following conditions:

(a)Upon acquisition of the property, treat the property as encumbered by an agricultural conservation easement subject to this division and approved by the department.

(b)Sell the fee title subject to an agricultural conservation easement approved by the department to a private landowner within three years of the acquisition of the fee title.

(c)Reimburse the fund directly from escrow within 30 days after the sale of the restricted fee title by an amount equal to the department’s proportional share of the net proceeds of the sale.

(1)The “net proceeds of the sale” is defined as the fair market value of the land less the value of the easement and associated transaction costs.

(2)The department’s proportional share of the net proceeds of the sale shall be calculated using a factor reflecting the department’s proportional share of the purchase price paid by the applicant in the original acquisition of fee title, taking into account contributions from all sources toward that original purchase price.

§ 10240

Amended by Stats. 2002, Ch. 616, Sec. 13. Effective January 1, 2003.

(a)The department shall adopt rules and regulations for the implementation of this division.

(b)Rules or regulations adopted by the department pursuant to this section shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

§ 10241

Amended by Stats. 2002, Ch. 616, Sec. 14. Effective January 1, 2003.

The department shall adopt the criteria necessary for its approval of grant applications.

§ 10242

Amended by Stats. 2022, Ch. 502, Sec. 19. (AB 2964) Effective January 1, 2023.

The director shall review, and approve or disapprove, all requests for funding under this division.

§ 10243

Repealed and added by Stats. 2022, Ch. 502, Sec. 21. (AB 2964) Effective January 1, 2023.

A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this division.

§ 10245

Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.

The program shall reimburse any school district which requests reimbursement for any net loss of property tax revenues occurring as a result of the program.

§ 10246

Amended by Stats. 2022, Ch. 502, Sec. 23. (AB 2964) Effective January 1, 2023.

Grants may be made for land improvements. Use of these grants shall be limited to the improvement of land protected by a conservation easement or a similar long-term conservation agreement as determined by the director if the improvement will directly benefit the protected land. An application for a land improvement grant shall be evaluated with respect to the extent to which it satisfies one or more of the following criteria:

(a)The improvement will enhance the agricultural value of the land protected by the easement, and promote its long-term sustainable agricultural use such as water supply development and revegetation of eroding streambanks.

(b)The improvement will increase the compatibility of agricultural operations with sensitive natural areas.

(c)The improvement will demonstrate new and innovative best management practices that have the potential for wide application.

(d)The proposed improvement includes the financial and technical involvement of other agencies, such as resource conservation districts, the Wildlife Conservation Board, the University of California Cooperative Extension, the United States Farm Services Agency, and the United States Natural Resources Conservation Service.

(e)The improvement is part of a coordinated watershed management plan or the equivalent.

(f)The improvement will restore or enhance resources on the land.

(g)The application satisfies other relevant criteria established by the department.