Today's Law As Amended


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SB-1878 Agricultural lands.(1999-2000)



As Amends the Law Today


SECTION 1.

 Section 51201 of the Government Code is amended to read:

51201.
 As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings: context: 
(a) “Agricultural commodity” means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code. purposes. 
(b) “Agricultural use” means use of land, including but not limited to greenhouses,  land  for the purpose of producing an agricultural commodity for commercial purposes.
(c) “Prime agricultural land” means any of the following:
(1) All land  Land  that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications. classifications, whether or not the land is actually irrigated when irrigation is feasible and sustainable for the production of a variety of crops. 
(2) Land which that  qualifies for rating 80 through 100 in the Storie Index Rating.
(3) Land which that  supports livestock used for the production of food and fiber and which that  has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture. Agriculture in the National Handbook on Range and Related Grazing Lands, July 1967, developed pursuant to Public Law 46, December 1935. 
(4) Land planted with fruit- or nut-bearing trees, vines, bushes, bushes  or crops which that  have a nonbearing period of less than five years and which that  will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two four  hundred dollars ($200) ($400)  per acre.
(5) Land which that  has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two four  hundred dollars ($200) ($400)  per acre for three of the previous five years.
(d) “Agricultural preserve” means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which that  is established in accordance with the provisions of  this chapter.
(e) “Compatible use” is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act chapter  to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. “Compatible use” includes agricultural use, recreational use use,  or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter.
(f) “Board” means the board of supervisors of a county which that  establishes or proposes to establish an agricultural preserve or which that  enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(g) “Council” means the city council of a city which that  establishes or proposes to establish an agricultural preserve or which that  enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(h) Except where it is otherwise apparent from the context, “county” or “city” means the county or city having jurisdiction over the land.
(i) A “scenic highway corridor” is an area adjacent to, and within view of, the right-of-way of: of either of the following: 
(1) An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which that  has been officially designated by the Department of Transportation as an official state scenic highway; or highway. 
(2) A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if each of the following conditions have been met:
(A) The scenic highway is included in an adopted general plan of the county or city; and city. 
(B) The scenic highway corridor is included in an adopted specific plan of the county or city; and city. 
(C) Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.
(j) A “wildlife habitat area” is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of great  importance for the protection or enhancement of the wildlife resources of the state.
(k) A “saltpond” is an area which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.
(l) ( l)  A “managed wetland area” is an area, which area that  may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, that,  for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes.
(m) A “submerged area” is any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space.
(n) “Recreational use” is the use of land in its agricultural or natural state by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any fee charged for the recreational use of land land,  as defined in this subdivision subdivision,  shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with the provisions of  Section 51238.1.
(o) “Open-space use” is the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide essential  habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within:
(1) A scenic highway corridor, as defined in subdivision (i).
(2) A wildlife habitat area, as defined in subdivision (j).
(3) A saltpond, as defined in subdivision (k).
(4) A managed wetland area, as defined in subdivision (l). ( l). 
(5) A submerged area, as defined in subdivision (m).
(6) An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.
(p) “Development” means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.

SEC. 2.

 Section 51222 of the Government Code is amended to read:

51222.
 The Legislature further declares that it is in the public interest for local officials and landowners to retain agricultural lands which that  are subject to contracts entered into pursuant to this act chapter  in parcels large enough to sustain agricultural uses permitted under the contracts. For purposes of this section, agricultural land shall be presumed to be in parcels that are not  large enough to sustain their agricultural use if the land is (1) at least less than  10 acres in size in the case of prime agricultural land, or (2) at least less than  40 acres in size in the case of land which that  is not prime agricultural land.

SEC. 3.

 Section 51243.5 of the Government Code is amended to read:

51243.5.
 (a) This section shall apply only to land that was within one mile of a city boundary when a contract was executed pursuant to this article and for which the contract was executed prior to January 1, 1991.
(b) For any proposal that would result in the annexation to a city of any land that is subject to a contract under this chapter, the local agency formation commission shall determine whether the city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract.
(c) In making the determination required by subdivision (b), pursuant to Section 51206, the local agency formation commission may request, and the Department of Conservation shall provide, advice and assistance in interpreting the requirements of this section. If the department  Department of Conservation  has concerns about an action proposed to be taken by a local agency formation commission pursuant to this section or Section 51243.6, the department shall advise the commission of its it’s  concerns, whether or not the commission has requested it to do so. The commission shall address the department’s concerns in any hearing to consider the proposed annexation or a city’s determination whether to exercise its option not to succeed to a contract, and shall must  specifically find that substantial evidence exists to show that the city has the present option under this section to decline to succeed to the contract.
(d) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if both of the following had occurred prior to December 8, 1971:
(1) The land being annexed was within one mile of the city’s boundary when the contract was executed.
(2) The city had filed with the county board of supervisors a resolution protesting the execution of the contract.
(e) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if each of the following had occurred prior to January 1, 1991:
(1) The land being annexed was within one mile of the city’s boundary when the contract was executed.
(2) The city had filed with the local agency formation commission a resolution protesting the execution of the contract.
(3) The local agency formation commission had held a hearing to consider the city’s protest to the contract.
(4) The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land.
(5) The local agency formation commission had approved the city’s protest.
(f) It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract.
(g) The option of a city to not succeed to a contract shall extend only to that part of the land that was within one mile of the city’s boundary when the contract was executed.
(h) If the city exercises its option to not succeed to a contract, then the city shall record a certificate of contract termination with the county recorder at the same time as the executive officer of the local agency formation commission files the certificate of completion pursuant to Section 57203. The certificate of contract termination shall include a legal description of the land for which the city terminates the contract.

SEC. 4.

 Section 51243.6 is added to the Government Code, to read:

51243.6.
 (a) The Legislature finds and declares that the enforceability of contracts entered into pursuant to this article is fundamental to the preferential taxation provided to the owners of land under contract, that the option granted to a city to elect not to succeed to a contract pursuant to Section 51243.5 may be held only by the city, and that no contracting landowner has a reasonable expectation that a contract can be immediately terminated pursuant to this article without penalty.
(b) Notwithstanding subdivision (e) of Section 51243.5, a city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if the contract was entered into between January 1, 1968, and June 30, 1968, and the land being annexed was within one mile of the city’s boundary when the contract was executed.

SEC. 5.

 Section 51256 of the Government Code is amended to read:

51256.
 Notwithstanding any other provision of this chapter, a city or county, upon petition by a landowner, may enter into an agreement with the landowner to rescind a contract in accordance with the contract cancellation provisions of Section 51282 in order to simultaneously place other land within that city, the county, or the county where the contract is rescinded under an agricultural conservation easement, consistent with the purposes and, except as provided in subdivision (b), the requirements of the California Farmland Conservancy Program  pursuant to Division 10.2 (commencing with Section 10200) of the Public Resources Code, provided that the board or council makes all of the following findings:
(a) The proposed agricultural conservation easement is consistent with the criteria set forth in Section 10251 of the Public Resources Code.
(b) The proposed agricultural conservation easement is evaluated pursuant to the selection criteria in Section 10252 of the Public Resources Code, and particularly subdivisions (a), (c), (e), (f), and (h), and the board or council makes a finding that the proposed easement will make a beneficial contribution to the conservation of agricultural land in its area.
(c) The land proposed to be placed under an agricultural conservation easement is of equal size or larger than the land subject to the contract to be rescinded, and is equally or more suitable for agricultural use than the land subject to the contract to be rescinded. In determining the suitability of the land for agricultural use, the city or county shall consider the soil quality and water availability of the land, adjacent land uses, and any agricultural support infrastructure.
(d) The value of the proposed agricultural conservation easement, as determined pursuant to Section 10260 of the Public Resources Code, is equal to or greater than either of the following:
(1) Twelve and one-half percent of the cancellation valuation of the land subject to the contract to be rescinded, pursuant to subdivision (a) of Section 51283.
(2) Twenty-five percent of the cancellation valuation of the land subject to the contract to be rescinded pursuant to paragraph (3) of subdivision (c) of Section 51297, if the contract was entered into pursuant to Article 7 (commencing with Section 51296).
(e) (d)  The value of the proposed agricultural conservation easement, as determined pursuant to Section 10260 of the Public Resources Code, is equal to or greater than 12.5 percent of the cancellation valuation of the land subject to the contract to be rescinded, pursuant to subdivision (a) of Section 51283. The  easement value and the cancellation valuation shall be determined within 90 30  days before the approval of the city or county of an agreement pursuant to this section.
(e) The Director of Conservation may adopt rules and regulations governing the procedures to be used by the Department of Conservation in the implementation of this section pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).

SEC. 6.

 Section 51257.1 is added to the Government Code, to read:

51257.1.
 (a) The provisions of paragraph (6) of subdivision (a) of Section 51257 and Section 66474.4 do not apply to a lot line adjustment that results in four or fewer parcels, provided that a board or council finds all of the following, based on substantial evidence in the record:
(1) All parcels to be adjusted are existing valid parcels.
(2) The parcels conform to the local building and zoning ordinance, including the minimum parcel sizes, and to the rules of procedure to implement the provisions of this chapter.
(3) An agricultural conservation easement, as defined in Section 815.1 of the Civil Code, shall be placed on the undeveloped balance of the remaining property subject to the existing Williamson Act contract.
(4) The proposed agricultural conservation easement is consistent with the eligibility criteria set forth in Section 10251 of the Public Resources Code and will make a beneficial contribution to the conservation of agricultural land in its area.
(5) The easement agreement and the holder of the easement have been approved by the Director of Conservation.
(b) No subsequent subdivision, parcel map, or lot line adjustment shall be permitted on any of the resulting adjusted parcels.
(c) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, 2002, deletes or extends that date.

SEC. 7.

 Section 51295 of the Government Code is amended to read:

51295.
 (a)  When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, or when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, or  with the power of eminent domain or person with the power of eminent domain, or by any governmental agency for a conservation purpose, or  whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, the contract shall be deemed null and void as to the land actually being condemned, or so acquired as of the date the action is filed, completed,  and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed.
(b)  Upon the termination of the proceeding, the contract shall be null and void for all land actually taken or acquired.
(c)  When an action to condemn or acquire less than all of a parcel of land subject to a contract is commenced, the contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract.
(d)  When an action to condemn or acquire an interest that is less than the fee title of an entire parcel or any portion thereof of land subject to a contract is commenced, the contract shall be deemed null and void as to that interest and, for the purpose of establishing the value of only that interest, shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract.
(e)  The land actually taken shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken for a public improvement, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, the contract may be canceled with respect to the remaining portion or interest upon petition of either party and pursuant to the provisions of Article 5 (commencing with Section 51280).
(f)  For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the contract is continued on the remaining portion or interest in the land, may satisfy the requirements of subdivision (a) of Section 51282.
(g)  If, after acquisition, the acquiring public agency determines that it will not for any reason actually locate on that land or any part thereof, the public improvement for which the land was acquired, or if the public agency intends to make the land available by sale or lease for a use that is not, or does not serve, an essential public purpose,  before returning the land to private ownership, the public agency shall give written notice to the Director of Conservation and the  local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was held by the acquiring public agency or person from the number of years that remained on the original contract at the time of acquisition.

SEC. 8.

 Section 66474.4 of the Government Code is amended to read:

66474.4.
 (a) The legislative body of a city or county shall deny approval of a tentative map, or  a parcel map for which a tentative map was not required, if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) and that  either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, and if the legislative body finds that the land is subject to any of the following: land. For purposes of this section, land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is (1) less than 10 acres in size in the case of prime agricultural land, or (2) less than 40 acres in size in the case of land which is not prime agricultural land. For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (1) at least 10 acres in size in the case of prime agricultural land, or (2) at least 40 acres in size in the case of land which is not prime agricultural land. 
(1) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256.
(2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5).
(3) An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code.
(4) A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code.
(b) (1) For purposes of this section, land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is (A) less than 10 acres in size in the case of prime agricultural land, or (B) less than 40 acres in size in the case of land that is not prime agricultural land.
(2) For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (A) at least 10 acres in size in the case of prime agricultural land, or (B) at least 40 acres in size in the case of land that is not prime agricultural land.
(c) (b)  A legislative body may not  approve a subdivision with parcels smaller than those specified in this section if unless  the legislative body makes either of the following findings:
(1) The parcels can nevertheless sustain an agricultural use permitted under the contract or easement, or  are subject to a written agreement for joint management pursuant to Section 51230.1 and  51230.1, provided that  the parcels that which  are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land that which  is not prime agricultural land. land, and that the agreement includes a commitment not to sell any component parcels during the period of the contract. 
(2) One of the parcels contains a residence and is  the parcel containing the residence is proposed to be subdivided from the remaining agricultural parcel; the residential parcel is currently  subject to Section 428 of the Revenue and Taxation Code;  Code in its entirety;  the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining agricultural  parcels shown on the map are at least 10 acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land.
(d) (c)  No other homesite parcels as described in paragraph (2) of subdivision (c) (b)  may be created on any remaining parcels under contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5)  for at least 10 years following the creation of a homesite parcel pursuant to this section.
(e) (d)  This section shall not apply to land that which  is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5)  when any of the following has occurred:
(1) A local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5.
(2) Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in Section 51245 and the contract was canceled prior to January 1, 1990.
(2) (3)  Written notice of nonrenewal of the contract has been served,  served on or after March 7, 1985,  as provided in Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.
(3) The board or council has granted tentative approval for cancellation of the contract as provided in Section 51282.
(f) This section shall not apply during the three-year period preceding the termination of a contract described in paragraph (1) of subdivision (a).
(g) (e)  This section shall not be construed as limiting the power of legislative bodies to establish minimum parcel sizes larger than those specified in subdivision (a).  
(h) (f)  This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to  Lot line adjustments on  land subject to an easement described in this section for which agriculture is the primary purpose if the resulting parcels can sustain uses consistent with the intent of the easement. a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5) are governed by subdivision (d) of Section 66412 and Section 51257. 
(i) This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this section for which agriculture is not the primary purpose if the resulting parcels can sustain uses consistent with the purposes of the easement.
(j) Where an easement described in this section contains language addressing allowable land divisions, the terms of the easement shall prevail.
(k) The amendments to this section made in the 2002 portion of the 2001–02 Regular Session of the Legislature shall apply only with respect to contracts or easements entered into on or after January 1, 2003.

SEC. 9.

 Section 615 is added to the Public Resources Code, to read:

615.
 Grants awarded by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9000), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

SEC. 10.

 Section 8555 of the Public Resources Code is amended to read:

8555.
 All moneys that have been, or will be,  received by the State of California  state  from the government of the  United States pursuant to the act referred to in  Section 8551, or pursuant to  any other act of Congress providing federal law that provides  for the distribution and payment to states and territories of a fixed and definite percentage of the moneys received by the government of the  United States from grazing lands or districts acquired or established therein by the government of the  United States or by any officer or instrumentality thereof, shall, on order of the Controller, be deposited in into  the United States Grazing Fees Fund, which is hereby established  created. Any moneys  in the State Treasury. That money  fund  shall be disposed of, in accordance with the terms of that act of Congress,  federal law governing the use of those funds,  by the payment of that money those moneys  to the counties in which those the  grazing lands or districts are situated. The payments made to each county from the receipts of any given parcel of grazing lands or of any grazing district shall be allocated  in accordance with a payment schedule that distributes the payments in the same manner and basis upon which the fees were collected, as officially  established by the Secretary of the Interior or other authorized official of the government of the  United States.

SEC. 11.

 Section 10252 of the Public Resources Code is amended to read:

10252.
 The director shall evaluate a proposal for a fee title or  If the department determines that the proposed  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  meets the eligibility criteria set forth in Section 10251, the proposal shall be reviewed based upon the  extent to which the proposed project  it  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 existence of active local agricultural land conservancies or trusts.
(4) (5)  The use of a  an effective  right-to-farm ordinance.
(5) (6)  Applied strategies for the economic support and enhancement of agricultural enterprise, including water policies, public education, marketing support, and consumer and recreational incentives.
(6) (7)  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 proposal demonstrates an innovative approach to agricultural land conservation with a potential for wide application in the state.
(i) (j)  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. sources. 
(j) (k)  The price of the proposed acquisition  easement purchase  is cost-effective in comparison to the fair market actual easement  value.
(k) ( l)  Other relevant considerations established by the director or in the funding source. director. 
Section 214.02 of the Revenue and Taxation Code is amended to read:

214.02.
 (a) Except as provided in subdivision (b) or (c), property that is used exclusively for the preservation of native plants or animals, biotic communities, geological or geographical formations of scientific or educational interest, or open-space lands used solely for recreation and for the enjoyment of scenic beauty, is open to the general public subject to reasonable restrictions concerning the needs of the land, and is owned and operated by a scientific or charitable fund, foundation, limited liability company,  foundation  or corporation, the primary interest of which is to preserve those natural areas, and that meets all the requirements of Section 214, shall be deemed to be within the exemption provided for in subdivision (b) of Sections 4 and 5 of Article XIII of the Constitution of the State of California and Section 214.
(b) The exemption provided by this section shall not apply to any property of an organization that owns in the aggregate 30,000 acres or more in one county that were exempt under this section prior to March 1, 1983, or that are proposed to be exempt, unless the nonprofit organization that holds the property is constituted in such a way as to be  fully independent of the owner of any taxable real property that is adjacent to the property otherwise qualifying for tax exemption under this section. For purposes of this section, the nonprofit organization that holds the property shall be considered fully independent if the exempt property is not used or operated by that organization or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor or bondholder of the exempt organization or operator, or the owner of any adjacent property, or any other person, through the distribution of profits, payment of excessive charges or compensations, or the more advantageous pursuit of their business or profession.
(c) The exemption provided by this section shall not apply to property that is reserved for future development.
(d) (1) For the purposes of determining whether the property is used for the actual operation of the exempt activity as required by subdivision (a), consideration shall not be given to the use of the property for either of the following:
(A) Activities resulting in direct or in-kind revenues provided that the activities further the conservation objectives of the property as provided in a qualified conservation management plan for the property. These revenues include those revenues derived from grazing leases, hunting and camping permits, rents from persons performing caretaking activities who reside in dwellings on the property, and admission fees collected for purposes of public enjoyment.
(B) Any lease of the property for a purpose that furthers the conservation objectives of the property as provided in a qualified conservation management plan for the property.
(2) The activities and lease described in paragraph (1) may not generate unrelated business income.
(3) For purposes of this subdivision, a “qualified conservation management plan” means a plan that satisfies all of the following:
(A) Identifies both of the following:
(i) That the foremost purpose and use of the property is for the preservation of native plants or animals, biotic communities, geological or geographical formations of scientific or educational interest, or as open-space lands used solely for recreation and for the enjoyment of scenic beauty.
(ii) The overall conservation management goals, including, but not limited to, identification of permitted activities, and actions necessary to achieve the goals.
(B) Describes both of the following:
(i) The natural resources and recreational attributes of the property.
(ii) Potential threats to the conservation values or areas of special concern.
(C) Contains a timeline for planned management activities and for regular inspections of the property, including existing structures and improvements.
(e) (d)  This section shall be operative from the lien date in 1983 to and including the lien date in 2027, 2011,  after which date this section shall become inoperative, and as of January 1, 2028, 2012,  this section is repealed.
(f) The amendments made by Section 4 of Chapter 354 of the Statutes of 2004 shall apply with respect to lien dates occurring on and after January 1, 2005.
(g) The amendments made to this section by the act adding this subdivision shall apply commencing with the lien date for the 2013–14 fiscal year.
SEC. 13.
 Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.