Division 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM

California Public Resources Code — §§ 10280-10283

Sections (6)

Amended by Stats. 2017, Ch. 26, Sec. 80. (SB 92) Effective June 27, 2017.

The Agricultural Protection Planning Grant Program is hereby established within the Department of Conservation, to provide planning grants to do all of the following:

(a)Conserve California’s most productive farmlands and ecologically important rangelands.

(b)Advance California’s climate change goals through carbon sequestration and greenhouse gas emissions reductions resulting from the implementation of local plans.

(c)Maintain local food supplies and agricultural economies through the protection of agricultural lands.

§ 10280.5

Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.

The following terms have the following meanings as used in this division, unless the context clearly requires otherwise:

(a)“Authority” means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate.

(b)“Department” means the Department of Conservation.

(c)“Grant program” means the program established pursuant to Section 10280.

(d)“Joint powers authority” means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is formed in part to protect agricultural land.

(e)“Local government entity” means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts.

(f)“Nonprofit organization” means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code.

§ 10281

Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.

The purpose of the grant program is to assist any local government entity, nonprofit organization, authority, or joint powers authority to apply for, and cost-effectively use, grant funds available for farmland, grazing lands, and grasslands protection and preservation from funds that are made available pursuant to subdivision (f) of Section 5096.650 and from other funding sources.

§ 10281.5

Amended by Stats. 2017, Ch. 434, Sec. 10. (SB 732) Effective January 1, 2018.

(a)In addition to the requirements established by the department, the applicant shall demonstrate that the changes to the existing goals, objectives, policies, or programs of the city, county, or city and county that will logically result from the grant will improve protection of, or have a beneficial effect on climate change goals for, agricultural land, grazing land, or grasslands.

(b)Prior to awarding funds under the program, the department shall develop guidelines and selection criteria for awarding grants in accordance with all of the following:

(1)Prior to the adoption of the guidelines and selection criteria, the department shall conduct at least two public workshops to receive and consider public comments.

(2)The department shall publish the draft guidelines and selection

criteria on its Internet Web site at least 30 days prior to the public meetings.

(3)In adopting the guidelines and selection criteria, the department shall consider the comments from farming and ranching groups, agricultural land conservation groups, building and construction groups, local governments, regional agencies, and other stakeholders.

(4)Program guidelines may be revised by the department to reflect changes in program focus or need. Outreach to stakeholders shall be conducted pursuant to paragraphs (1), (2), and (3) before the department adopts changes to guidelines.

(c)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines and selection criteria pursuant to this section.

§ 10282

Amended by Stats. 2017, Ch. 434, Sec. 11. (SB 732) Effective January 1, 2018.

(a)Under the grant program, a local government entity, nonprofit organization, authority, or joint powers authority may apply to the department for a planning grant to be used for the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. In addition to any requirements established by the department, to be eligible for a grant under the grant program, an applicant shall do all of the following:

(1)Identify and map, utilizing the designations in the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570 of the Government Code, existing or potential agricultural lands in its jurisdiction.

(2)Specify its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.

(3)Specify the proposed changes to its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.

(4)Specify how the planning grant would be used to improve the long-term protection of agricultural land within its jurisdiction.

(b)A grant awarded by the department under the grant program shall not exceed five hundred thousand dollars ($500,000) to any applicant, or seven hundred fifty thousand dollars ($750,000) if the department determines that a grant application is for collaborative

planning activities proposed to include two or more adjacent counties, cities, or city and county.

(c)In granting funds pursuant to this division, the department shall give priority to proposals that include matching funds from local sources.

(d)A grant proposal by a park or open-space district, resource conservation district, other special district, authority, or joint powers authority shall be approved by resolution of the city, county, or city and county, or multiple cities and counties, whose jurisdiction the proposal is intended to benefit. The city, county, or city and county shall provide evidence that it is willing to implement some of the planning process funded by the grant.

(e)The purposes for which a grant

made pursuant to this division for agricultural protection may include, but need not be limited to, the following:

(1)To update the general plan of a city, county, or city and county to improve protection of agricultural land, or a zoning ordinance designed to improve protection of agricultural land.

(2)To develop multicounty strategies to protect agricultural land.

(3)To develop city-county agreements to protect agricultural land.

(4)To develop strategies to implement existing general plan provisions, city-county agreements, or multicounty agreements to protect agricultural land, including technical assistance.

(5)To develop public-private partnerships for the long-term protection and stewardship of agricultural lands.

§ 10283

Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.

Eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.