reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 10 - STREAMFLOW PROTECTION STANDARDS › Section 10005.

10005. (a) The Department of Fish and Game shall impose and collect a filing fee of eight hundred fifty dollars ($850) to defray the costs of identifying streams and providing studies pursuant to Division 10 (commencing with Section 10000) of the Public Resources Code.
(b) The filing fee shall be proportional to the cost incurred by the Department of Fish and Game and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the costs of the Department of Fish and Game as specified in subdivision (a).
(c) Any user of water, including a person or entity holding riparian or appropriative rights, shall pay the filing fee to the Department of Fish and Game upon application to the State Water Resources Control Board for any permit, transfer, extension, or change of point of diversion, place of use, or purpose of use, if there is a diversion of water from any waterway where fish reside. No permit, or other entitlement identified in this section is effective until the filing fee is paid. The State Water Resources Control Board shall, every six months, forward all fees collected to the department and provide the location for each entitlement for which a filing fee has been collected.
(d) The fee imposed by this section shall not be imposed on the following applications filed with the State Water Resources Control Board:
(1) Small domestic use registrations and livestock stockpond certificates submitted pursuant to Article 2.7 (commencing with Section 1228) of Chapter 2 of Division 2 of the Water Code.
(2) The first application for an extension of time for an individual permit if no change in point of diversion, place of use, or purpose of use is included in the application.
(3) Water applications which, in the opinion of the Department of Fish and Game, are filed for administrative and technical clarification purposes only.
(4) Water applications or petitions, the primary purpose of which is to benefit fish and wildlife resources. The determination of the benefit to fish and wildlife shall be made, in writing, by the Department of Fish and Game in order to be exempt from the fee.
(e) If an applicant or petitioner files multiple applications or petitions for the same appropriation, transfer, extension, or change, and the State Water Resources Control Board reviews and considers the applications or petitions together, only one filing fee is required for those applications or petitions.
(Amended by Stats. 2001, Ch. 398, Sec. 7. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 1 - Title › Section 10200.

10200. This division shall be known, and may be cited, as the California Farmland Conservancy Program Act. Any other references in this division to the Agricultural Land Stewardship Program Act of 1995 shall hereafter mean the California Farmland Conservancy Program Act.
(Amended by Stats. 1999, Ch. 503, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 2 - Findings and Declarations › Section 10201.

10201. The Legislature hereby finds and declares all of the following:
(a) The agricultural lands of the state contribute substantially to the state, national, and world food supply and are a vital part of the state’s economy.
(b) The growing population and expanding economy of the state have had a profound impact on the ability of the public and private sectors to conserve land for the production of food and fiber, especially agricultural land around urban areas.
(c) Agricultural lands near urban areas that are maintained in productive agricultural use are a significant part of California’s agricultural heritage. These lands contribute to the economic betterment of local areas and the entire state and are an important source of food, fiber, and other agricultural products. Conserving these lands is necessary due to increasing development pressures and the effects of urbanization on farmlands close to cities.
(d) The long-term conservation of agricultural land is necessary to safeguard an adequate supply of agricultural land and to balance the increasing development pressures around urban areas.
(e) A program to encourage and make possible the long-term conservation of agricultural lands is a necessary part of the state’s agricultural land protection policies and programs, and it is appropriate to expend money for that purpose. A program of this nature will only be effective when used in concert with local planning and zoning strategies to conserve agricultural land.
(f) Funding is necessary to better address the needs of conserving agricultural land near urban areas.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 2 - Findings and Declarations › Section 10202.

10202. It is the intent of the Legislature, in enacting this division, to do all of the following:
(a) Encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives.
(b) Protect farming and ranching operations in agricultural areas from nonfarm or nonranch land uses that may hinder and curtail farming or ranching operations.
(c) Encourage long-term conservation of productive agricultural lands in order to protect the agricultural economy of rural communities, as well as that of the state, for future generations of Californians.
(d) Encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land.
(e) Encourage local land use planning decisions that are consistent with the state’s policies with regard to agricultural land conservation.
(f) Encourage improvements to enhance long-term sustainable agricultural uses.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10210.

10210. Unless the context otherwise requires, the definitions in this article govern the construction of this division.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10211.

10211. “Agricultural conservation easement,” “conservation easement,” or “easement” means an interest in land, less than fee simple, that represents the right to prevent the development or improvement of the land, as specified in Section 815.1 of the Civil Code, for any primary purpose other than agricultural production. The easement shall be granted for the California Farmland Conservancy Program by the owner of a fee simple interest in land to any of the organizations or entities specified in Section 815.3 of the Civil Code. It shall be granted in perpetuity as the equivalent of covenants running with the land.
(Amended by Stats. 2022, Ch. 502, Sec. 2. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10212.

10212. “Applicant” means an entity listed in Section 815.3 of the Civil Code that applies for a grant authorized pursuant to this division.
(Amended by Stats. 2022, Ch. 502, Sec. 3. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10213.

10213. (a) “Agricultural land” means prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land as defined in the Guidelines for the Farmland Mapping and Monitoring Program, pursuant to Section 65570 of the Government Code.
(b) In those areas of the state where lands have not been surveyed for classification pursuant to subdivision (a), land shall meet the requirements of “prime agricultural land” as set forth in subdivision (c) of Section 51201 of the Government Code.
(Amended by Stats. 2022, Ch. 502, Sec. 4. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10214.

10214. “Department” means the Department of Conservation.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10215.

10215. “Director” means the Director of Conservation.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10216.

10216. “Fund” means the California Farmland Conservancy Program Fund created pursuant to Section 10230.
(Amended by Stats. 1999, Ch. 503, Sec. 3. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10218.

10218. “Husbandry practices” means agricultural activities, such as those specified in subdivision (e) of Section 3482.5 of the Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.
(Amended by Stats. 1999, Ch. 83, Sec. 167. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10219.

10219. “Local government” means a city or county.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10220.

10220. “Local government program” means the policies and implementation measures of a local government to conserve agricultural land.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10221.

10221. “Nonprofit organization” means an organization described in subdivision (a) of Section 815.3 of the Civil Code.
(Amended by Stats. 2022, Ch. 502, Sec. 5. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10222.

10222. “Program” means the California Farmland Conservancy Program established under this division.
(Amended by Stats. 1999, Ch. 503, Sec. 4. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10223.

10223. “Secretary” means the Secretary of the Natural Resources Agency.
(Amended by Stats. 2022, Ch. 502, Sec. 6. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10224.

10224. “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001).
(Amended by Stats. 2022, Ch. 502, Sec. 7. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 10224.5.

10224.5. “Restriction” has the same meaning as that term is defined in Section 784 of the Civil Code.
(Added by Stats. 2022, Ch. 502, Sec. 8. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 4 - Administration › Section 10225.

10225. The Legislature hereby finds and declares that, pursuant to Chapter 4 (commencing with Section 31150) of Division 21, the State Coastal Conservancy has responsibility for carrying out agricultural projects in the coastal zone, as defined in Section 30103. Nothing in this division shall be construed to alter the conservancy’s responsibility for the administration of state or federal funds that are allocated for the purpose of preserving coastal agricultural lands. For projects in the coastal zone, the department shall consult with the State Coastal Conservancy in developing its policies, priorities, and procedures for the allocation of those state and federal moneys.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 4 - Administration › Section 10226.

10226. Nothing in this division shall be construed to overrule, rescind, or amend any of the requirements prescribed in Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 1 - General Provisions › ARTICLE 4 - Administration › Section 10227.

10227. No local government shall, in any way, limit development on any land solely because of the land’s proximity to property that is protected by an agricultural conservation easement that is subject to this division.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10230.

10230. (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.
(Amended by Stats. 2022, Ch. 502, Sec. 10. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10230.2.

10230.2. (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.
(Added by Stats. 2022, Ch. 502, Sec. 11. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10231.

10231. (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.
(Amended by Stats. 2022, Ch. 502, Sec. 13. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10231.5.

10231.5. 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.
(Added by Stats. 1999, Ch. 503, Sec. 8. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10232.

10232. 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.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10233.

10233. 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.
(Amended by Stats. 2002, Ch. 616, Sec. 7. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10235.

10235. (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.
(Amended by Stats. 2022, Ch. 502, Sec. 15. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10235.5.

10235.5. 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.
(Added by Stats. 1999, Ch. 503, Sec. 10. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10236.

10236. 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.
(Amended by Stats. 2022, Ch. 502, Sec. 16. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10237.

10237. 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.
(Amended by Stats. 2022, Ch. 502, Sec. 17. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10238.

10238. (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 Section 65852.2 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.
(Amended by Stats. 2022, Ch. 502, Sec. 18. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10239.

10239. 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.
(Amended by Stats. 2007, Ch. 254, Sec. 6. Effective September 26, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10240.

10240. (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).
(Amended by Stats. 2002, Ch. 616, Sec. 13. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10241.

10241. The department shall adopt the criteria necessary for its approval of grant applications.
(Amended by Stats. 2002, Ch. 616, Sec. 14. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10242.

10242. The director shall review, and approve or disapprove, all requests for funding under this division.
(Amended by Stats. 2022, Ch. 502, Sec. 19. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10243.

10243. 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.
(Repealed and added by Stats. 2022, Ch. 502, Sec. 21. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10245.

10245. 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.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 2 - California Farmland Conservancy Program › Section 10246.

10246. 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.
(Amended by Stats. 2022, Ch. 502, Sec. 23. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 3 - Eligibility and Selection Criteria › Section 10250.

10250. (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.
(Amended by Stats. 2022, Ch. 502, Sec. 24. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 3 - Eligibility and Selection Criteria › Section 10251.

10251. 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.
(Amended by Stats. 2022, Ch. 502, Sec. 25. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 3 - Eligibility and Selection Criteria › Section 10252.

10252. 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.
(Amended by Stats. 2022, Ch. 502, Sec. 26. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 3 - Eligibility and Selection Criteria › Section 10253.

10253. Nothing in this chapter shall grant any new authority to the department to affect local policy or land use decisionmaking.
(Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 3 - Eligibility and Selection Criteria › Section 10254.

10254. (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.
(Repealed and added by Stats. 2022, Ch. 502, Sec. 29. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10260.

10260. (a) In determining the amount of funding to be provided for an agricultural conservation easement or fee acquisition grant, the department shall take reasonable steps to ensure that the total purchase price of the agricultural conservation easement or, in the case of a fee title acquisition, the total purchase price of the subject property does not exceed fair market value, taking into consideration the funding from all sources. The determination of fair market value shall be accomplished, as follows:
(1) An applicant shall select and retain an independent real estate appraiser to determine the value of the subject property, including any proposed agricultural conservation easement.
(2) The department shall review and consider an applicant’s appraisal and may, at its sole discretion, require or obtain an additional appraisal.
(3) The easement value shall be calculated by determining the difference between the fair market value and the restricted value of the property.
(b) The department may conditionally approve grant applications prior to completion of final appraisals, provided an acceptable appraisal and all other requirements of this division are met before any disbursement of grant funds.
(c) The department shall have final authority to determine the acceptability of an appraisal pursuant to this division.
(Amended by Stats. 2002, Ch. 616, Sec. 21. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10260.5.

10260.5. For purposes of this division, any instrument creating, assigning, or otherwise transferring a conservation easement, fee title, and any associate deed restrictions shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws. Any amendment to any of these instruments shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and shall be subject in all respects to the recording laws.
(Repealed and added by Stats. 2022, Ch. 502, Sec. 33. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10261.

10261. (a) Whenever any entity exercises the power of eminent domain to acquire land subject to an agricultural conservation easement under this program, the condemnor shall pay just compensation to the owner of the land in fee and to the owner of the easement as follows:
(1) The owner of the land in fee shall be paid the full value that would have been payable to the owner but for the existence of the easement less the fair market value of the easement, as determined by an independent appraisal, at the time of condemnation.
(2) The program, and any other contributing parties if so provided in the easement, shall be paid the value of the easement at the time of condemnation.
(b) The director may provide, by regulation, or, pursuant to the terms of the easement, that in the case of acquisition of the easement by a federal agency, that the agency shall agree to the amount of compensation paid for the easement that is determined pursuant to subdivision (a), or pay the current fair market value of the land subject to an agricultural easement. The director shall distribute the proceeds of a land sale that is made in accordance with the conditions set forth in subdivision (a).
(Amended by Stats. 2002, Ch. 616, Sec. 24. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10262.

10262. An agricultural conservation easement shall not prevent any of the following:
(a) The granting of rights-of-way by the owner of the subject land in and through the land for the installation, transportation, or use of water, sewage, electric, telephone, gas, oil, or oil product lines, stock water development and storage, energy generation, and fencing if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.
(b) The construction and use of structures on the subject land that are necessary for agricultural production and marketing, including, but not limited to, barns, shops, packing sheds, cooling facilities, greenhouses, roadside marketing stands, stock water development and storage, energy generation, and fencing, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.
(c) Customary part time or off season rural enterprises or activities, including, but not limited to, hunting and fishing, wildlife habitat improvement, predator control, timber harvesting, and firewood production, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.
(Amended by Stats. 2022, Ch. 502, Sec. 34. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10262.5.

10262.5. The granting of an agricultural conservation easement under this division shall not be interpreted to convey any rights of public access to the subject property.
(Added by Stats. 2002, Ch. 616, Sec. 27. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10263.

10263. (a) The department shall act on an application for a grant within 180 days after the department determines that it is complete.
(b) The department shall notify the applicant of the department’s decision in writing. For any decision to disapprove an application, the written notice shall state the reason for the disapproval.
(Amended by Stats. 2022, Ch. 502, Sec. 37. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.2 - CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT › CHAPTER 4 - Agricultural Conservation Easements and Fee Title › Section 10264.

10264. The director shall disapprove the application for a grant for the acquisition of an agricultural conservation easement or fee title in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria set forth in Section 10251.
(b) The department has determined that clear title to the agricultural conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the acquisition.
(d) Other acquisitions have a higher priority.
(e) The application does not satisfy other relevant requirements provided by the fund source or in the guidelines, solicitation, application, or other relevant control documents, as determined by the department.
(Amended by Stats. 2022, Ch. 502, Sec. 38. (AB 2964) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10280.

10280. 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.
(Amended by Stats. 2017, Ch. 26, Sec. 80. (SB 92) Effective June 27, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10280.5.

10280.5. 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.
(Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.)