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AB-1086 Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area.(2019-2020)

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Date Published: 09/06/2019 12:35 PM
AB1086:v94#DOCUMENT

Amended  IN  Senate  September 06, 2019
Amended  IN  Senate  June 11, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  April 02, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1086


Introduced by Assembly Member Bauer-Kahan
(Coauthor: Assembly Member Eduardo Garcia)(Principal coauthor: Senator Glazer)

February 21, 2019


An act to add Section 568.5 to the Food and Agricultural Code, relating to agriculture. An act to add Section 5090.42 to the Public Resources Code, relating to parks and recreation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1086, as amended, Bauer-Kahan. Cannella Environmental Farming Act of 1995: State Water Efficiency and Enhancement Program. Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area.
The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law creates the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including certain fees received by the department for the use of state vehicular recreation areas. Existing law requires the revenues in the fund to be available, upon appropriation, for grants and cooperative agreements, as specified, the support of the division, and the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas.
This bill would authorize the department to dispose of the portion of the Carnegie State Vehicular Recreation Area known as the “Alameda-Tesla Expansion Area” to permanently preserve that land for conservation purposes, as specified, if the department determines that disposing of the land is in the public interest. The bill would require that the land only be sold to a local agency or nonprofit organization for use as a park or other open-space purpose, as specified. The bill would require any revenue from the disposition of the land to, upon appropriation by the Legislature, first be used to reimburse the Department of General Services for any cost or expense incurred in the disposition of the land, and then would require any remaining revenue to be deposited in the Off-Highway Vehicle Trust Fund.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene the Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice to the secretary on the implementation of the Healthy Soils Program and the State Water Efficiency and Enhancement Program and assistance to federal, state, and local government agencies on issues relating to the impact of agricultural practices on air, water, and wildlife habitat, as specified. The act requires the department to establish a technical assistance grant program to provide funds to technical assistance providers, as defined, to provide assistance to the Healthy Soils Program, alternative manure management practices programs, and State Water Efficiency and Enhancement Program applicants.

This bill would require the department, upon appropriation by the Legislature of additional funds for the State Water Efficiency and Enhancement Program, to administer the program in accordance with specified requirements. The bill would require the secretary to adopt guidelines to be used in awarding funds under the program. The bill would require the secretary to convene a technical advisory committee of the Scientific Advisory Panel not later than April 1, 2020, to make recommendations to the panel and secretary regarding the program’s guidelines, quantification methods, application, and selection process to improve specified aspects of the program.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5090.42 is added to the Public Resources Code, to read:

5090.42.
 (a) Notwithstanding Sections 11011 and 11011.1 of the Government Code, the department may dispose of the portion of the Carnegie State Vehicular Recreation Area known as the “Alameda-Tesla Expansion Area,” which encompasses approximately 3,100 acres in the County of Alameda, to permanently preserve that land for conservation purposes by sale of a perpetual recorded conservation easement deed restriction or fee title if the department, after holding a public hearing on the matter and in consultation with stakeholders, determines that disposing of the land is in the public interest.
(b) (1) If the department determines that disposing of the land is in the public interest, the Department of General Services may sell the land or otherwise dispose of the land pursuant to this authorization upon any terms and conditions and subject to any reservations and exceptions that the Department of General Services deems to be in the best interests of the state.
(2) The Department of General Services shall sell the land only to a local agency or nonprofit organization for use as a park or other open-space purpose. The land shall be sold for no less than the original purchase price based on the actual parcels to be included in the sale.
(3) For purposes of this subdivision, “park or other open-space purpose” means a use of the land’s natural resources that is consistent with a conservation purpose, including preservation of native biological diversity, wildlife habitats, and cultural resources, the enjoyment of scenic beauty, and nonmotorized public recreation.
(c) Any revenue from the disposition of the land shall, upon appropriation by the Legislature, first be used to reimburse the Department of General Services for any cost or expense incurred in the disposition of the land, and then any remaining revenue shall be deposited in the fund.

SECTION 1.Section 568.5 is added to the Food and Agricultural Code, to read:
568.5.

(a)For purposes of this section, “grant program” means the State Water Efficiency and Enhancement Program established by the department from moneys made available pursuant to Chapter 2 of the Statutes of 2014.

(b)Upon appropriation by the Legislature of additional funds for the grant program, the department shall administer the grant program in accordance with all of the following:

(1)The department shall provide financial assistance in the form of grants to agricultural operations to implement irrigation management systems that reduce greenhouse gases and energy use, increase water use efficiency, and, where feasible, improve groundwater sustainability, subject to both of the following:

(A)The department shall prioritize financial assistance for farms and ranches of 500 acres or less and socially disadvantaged farmers as defined in Section 512.

(B)The department may consider and prioritize projects that provide cobenefits, including, but not limited to, improved water quality, groundwater recharge, on-farm water storage, surface water efficiency, and water supply adaptability.

(2)The department may fund the on-farm project components of joint pilot projects that meet the eligibility criteria established by the secretary and that coordinate efforts between irrigation districts or groundwater sustainability agencies to improve conveyance or groundwater sustainability.

(3)The department shall fund qualified technical assistance providers with demonstrated expertise in irrigation and nutrient management education, including, but not limited to, the University of California, Division of Agriculture and Natural Resources, resource conservation districts, and the California State University, to provide culturally competent irrigation and nutrient management training for farm operators responsible for the day-to-day management of irrigation systems. In order to receive funding pursuant to this paragraph, a technical assistance provider shall demonstrate the ability to do effective outreach to agricultural operators and provide training and related materials in the language spoken by agricultural operators.

(4)The department may contract with qualified third parties to measure grant program outcomes described in paragraph (1).

(c)(1)The secretary shall adopt guidelines to be used in awarding funds under the grant program.

(2)Not later than April 1, 2020, the secretary shall convene a technical advisory committee of the panel.

(3)Not later than July 1, 2021, the committee shall make recommendations to the panel and secretary regarding the program’s guidelines, quantification methods, application process, and scoring criteria to improve the following:

(A)Greenhouse gas emission and energy use reductions, water use efficiency, groundwater sustainability, and cobenefits, including possible inclusion of dual irrigation systems, surface water efficiency, and on-farm water storage projects.

(B)Participation in the program by agricultural operations that have historically had limited participation, including operations in southern California, operations that receive pressurized water delivery from irrigation districts or municipalities, operations that use portable irrigation pumps, and operations owned or managed by socially disadvantaged farmers and ranchers.

(C)Quantification methods for the program’s desired outcomes.

(D)Coordination and promotion of the program with irrigation districts, groundwater sustainability agencies, the United States Department of Agriculture’s Natural Resources Conservation Service, and resource conservation districts.

(4)Members of the committee shall not apply for grants from the program while members of the committee.