Chapter 3 - Eligibility and Selection Criteria

California Public Resources Code — §§ 10250-10254

Sections (5)

Amended by Stats. 2022, Ch. 502, Sec. 24. (AB 2964) Effective January 1, 2023.

(a)This chapter shall only apply to acquisitions of agricultural conservation easements.

(b)In reviewing applications for agricultural conservation easements, the department shall determine whether the proposed project meets the applicable requirements set forth in this division and conforms with any rules or regulations adopted by the department pursuant to this division.

§ 10251

Amended by Stats. 2022, Ch. 502, Sec. 25. (AB 2964) Effective January 1, 2023.

Applicants for an agricultural conservation easement or fee acquisition grant shall meet all of the following eligibility criteria:

(a)The parcel proposed for conservation is expected to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production.

(b)The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation.

This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the acquisition is proposed.

(c)Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.

§ 10252

Amended by Stats. 2022, Ch. 502, Sec. 26. (AB 2964) Effective January 1, 2023.

The director shall evaluate a proposal for a fee title or agricultural conservation easement acquisition grant based upon the overall value of the project, taking into consideration the goals and objectives for the program, and the extent to which the proposed project satisfies the following selection criteria:

(a)The quality of the agricultural land, based on land capability, farmland mapping and monitoring program definitions, productivity indices, and other soil, climate, and vegetative factors.

(b)The proposal meets multiple natural resource conservation objectives, including, but not limited to, wetland

protection, wildlife habitat conservation, and scenic open-space preservation.

(c)The city or county demonstrates a long-term commitment to agricultural land conservation as demonstrated by the following:

(1)The general plan and related land use policies of the city or county.

(2)Policies of the local agency formation commission.

(3)California Environmental Quality Act policies and procedures.

(4)The use of a right-to-farm ordinance.

(5)Applied strategies for the economic support and enhancement of agricultural enterprise, including

water policies, public education, marketing support, and consumer and recreational incentives.

(6)Other relevant policies and programs.

(d)If the land is in a county that participates in the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), the land proposed for protection is within a county or city designated agricultural preserve.

(e)The land proposed for conservation is within two miles outside of the exterior boundary of the sphere of influence of a city as established by the local agency formation commission.

(f)The applicant demonstrates fiscal and technical capability to

effectively carry out the proposal. Technical capability may be demonstrated by agricultural land conservation expertise on the governing board or staff of the applicant, or through partnership with an organization that has that expertise.

(g)The proposal demonstrates a coordinated approach among affected landowners, local governments, and nonprofit organizations. If other entities are affected, there is written support from those entities for the proposal and a willingness to cooperate. The support of neighboring landowners who are not involved in the proposal shall be considered.

(h)The conservation of the land supports long-term private stewardship and continued agricultural production in the region.

(i)The amount of

matching funds and in-kind services contributed by local governments and other sources toward the acquisition of the fee title or agricultural conservation easement, or both.

(j)The price of the proposed acquisition is cost-effective in comparison to the fair market value.

(k)Other relevant considerations established by the director or in the funding source.

§ 10253

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

Nothing in this chapter shall grant any new authority to the department to affect local policy or land use decisionmaking.

§ 10254

Repealed and added by Stats. 2022, Ch. 502, Sec. 29. (AB 2964) Effective January 1, 2023.

(a)Before applying for funding to acquire an agricultural conservation easement or fee title, the applicant shall notify in writing the planning directors of the relevant county or counties and every city within two miles of the property about the application. The notice shall include all of the following:

(1)The applicant’s intent to apply for a grant to acquire an agricultural conservation easement or fee title from the program.

(2)The application deadline.

(3)A statement that the conservation easement may result in reduced property tax

revenue pursuant to Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code.

(4)The jurisdiction’s right to submit comment to the department on the project within 30 days of the application deadline.

(b)The relevant county or counties and every city within two miles of the property shall have 30 days from the application deadline to submit written comments on the project to the department, including on the compatibility of the project with the general plan.

(c)The department shall consider any comments submitted by the county or cities pursuant to subdivision (b) on the project.