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SB-1878 Agricultural lands.(1999-2000)



Current Version: 08/29/00 - Amended Assembly

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SB1878:v93#DOCUMENT

Amended  IN  Senate  April 24, 2000
Amended  IN  Senate  April 27, 2000
Amended  IN  Assembly  June 19, 2000
Amended  IN  Assembly  August 07, 2000
Amended  IN  Assembly  August 18, 2000
Amended  IN  Assembly  August 29, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 1878

Introduced  by  Senator Johnston
 (Principal Coauthor(s): Assembly Member Cardoza, Maldonado)

February 24, 2000

An act to amend Sections 51201, 51222, 51243.5, 51256, 51257, 51295, and 66474.4 of, and to add Section 51243.6 to, and to add and repeal Section 51257.1 of, the Government Code, and to amend Sections 8555 and 10252 of, and to add Section 615 to, the Public Resources Code, and to amend Section 214.02 of the Revenue and Taxation Code, relating to agricultural lands.


LEGISLATIVE COUNSEL'S DIGEST


SB 1878, as amended, Johnston. Agricultural lands.
(1) Existing law, the Williamson Act, provides that agricultural land that is to be placed under a preservation contract limiting its use shall consist of parcels large enough to sustain agricultural uses permitted under the act, as defined.
This bill would revise that definition of agricultural uses and the definition of prime agricultural land.
(2) The Williamson Act authorizes a local agency formation commission to request, and requires the Department of Conservation to provide, advice and assistance regarding the commission’s obligation to determine whether an annexing city may exercise its option not to succeed to the rights, duties, and powers of the county under the contract.
This bill would require the department to advise the commission of its concerns whether or not it has been requested to do so, and require the commission to address those concerns. The bill would prescribe criteria for the exercise by the city of its option to not succeed to a contract in certain instances.
(3) The Williamson Act authorizes a contracting city or county and landowner to agree to rescind a contract restricting land to agricultural uses and to place simultaneously other land under an agricultural conservation easement if the city council or county board of supervisors makes specified findings.
This bill would authorize the Director of Conservation to adopt rules and regulations for the Department of Conservation to use in the implementation of those agreements.

(4)Existing law permits the parties to a Williamson Act contract to rescind the contract and simultaneously enter a new contract to facilitate a lot line adjustment under the Subdivision Map Act of land under contract if the county board of supervisors or city council makes specified findings.

This bill instead would prohibit the local government from approving a lot line adjustment on land under contract unless the board or council makes certain findings. The bill would make other related changes.

(5)

(4) Existing law prescribes criteria for the acquisition by eminent domain of property for the location of a public improvement within an agricultural preserve.
This bill would revise those criteria, as specified.

(6)

(5) Existing law requires the legislative body of a city or county to 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 Williamson Act contract and that the resulting parcels would be too small to sustain their agricultural uses or the subdivision of the land will result in residential development not incidental to the commercial agricultural use of the land.
This bill would revise the findings necessary to permit approval of a tentative map or parcel map as described above and would impose the same requirements on lot line adjustments subject to a Williamson Act contract.

(7)

(6) Existing law requires that all moneys that have been, or will be, received by the state from the United States pursuant to specified federal laws providing for the distribution and payment to states and territories of a fixed and definite percentage of the moneys received from grazing lands or districts acquired or established therein by the United States, be deposited in the United States Grazing Fees Fund, and requires that those moneys be disposed of by the payment of those moneys to counties in which grazing lands or districts are situated. Existing law requires that the payments made to each county from the receipts of any given parcel of grazing lands or of any grazing district be in the proportion that the area of that parcel or district situated in the county bears to the total area of the parcel or district, as established by the Secretary of the Interior or other authorized official of the United States.
This bill would delete those provisions that require that the payments made to each county from the receipts of any parcel of grazing land or of any grazing district be in the proportion that the area of that parcel or district situated in the county bears to the total area of the parcel or district, and would, instead, require that those payments be in accordance with a payment schedule established by the Secretary of the Interior, or other authorized official of the United States.

(8)

(7) Existing law authorizes the Department of Conservation to make grants under various programs that it administers.
This bill would specify that grants made by the department under specified programs shall not be subject to state contract laws concerning procurement of materials, supplies, equipment, and services.
(8) Existing law exempts from property taxation certain property used exclusively for scientific and educational purposes and open-space lands used solely for recreation and the enjoyment of scenic beauty, open to the public and owned by specified types of entities. This provision would be repealed on January 1, 2003.
This bill would extend that repeal date to January 1, 2012.
(9) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 51201 of the Government Code is amended to read:

51201.
 As used in this chapter, unless otherwise apparent from the context:
(a) “Agricultural commodity” means any and all plant and animal products produced in this state for commercial purposes.
(b) “Agricultural use” means use of land for the purpose of producing an agricultural commodity for commercial purposes.
(c) “Prime agricultural land” means any of the following:
(1) Land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability 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 that qualifies for rating 80 through 100 in the Storie Index Rating.
(3) Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of 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 or crops that have a nonbearing period of less than five years and that will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre.
(5) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($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 that is established in accordance with 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 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, 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 that establishes or proposes to establish an agricultural preserve or 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 that establishes or proposes to establish an agricultural preserve or 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 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 that has been officially designated by the Department of Transportation as an official state scenic 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.
(B) The scenic highway corridor is included in an adopted specific plan of the county or 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) A “managed wetland area” is an area that may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and 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, as defined in this 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 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).
(5) A submerged area, as defined in subdivision (m).

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 that are subject to contracts entered into pursuant to this 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) 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 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 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 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 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 51234.5 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 51234.5 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 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 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 of the Government Code is amended to read:
51257.

(a)Notwithstanding any other provision of law, a local government with jurisdiction over an agricultural preserve shall not approve a lot line adjustment that would be otherwise valid under subdivision (d) of Section 66412 on land subject to a Williamson Act contract unless the board or council finds all of the following, based on substantial evidence in the record:

(1)After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222.

(2)The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.

(3)The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

(4)The lot line adjustment will not result in the creation of more than one additional residence on the affected parcel or parcels.

(5)The lot line adjustment will not affect more than four legal parcels.

(6)The lot line adjustment does not use, validate, or require a boundary derived from a government survey map where the boundary does not comply with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7).

(7)The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.

(b)Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments.

(c)To facilitate a lot line adjustment pursuant to this section and subdivision (d) of Section 66412, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following:

(1)The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.

(2)There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

(3)At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts.

(d)Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2003.

(e)In the year 2002, the department’s Williamson Act Status Report, prepared pursuant to Section 51207, shall include a review of the performance of this section.

(f)Subdivision (c) shall be operative only until January 1, 2003, and as of that date is inoperative, unless a later enacted statute, that is enacted on or before January 1, 2003, deletes or extends that date.

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 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 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, a parcel map for which a tentative map was not required, or a lot line adjustment, 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. 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.
(b) A legislative body may not approve a subdivision with parcels smaller than those specified in this section unless the legislative body makes either of the following findings:
(1) The parcels are subject to a written agreement for joint management pursuant to Section 51230.1, provided that the parcels 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 which is not prime agricultural 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 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 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.
(c) No other homesite parcels as described in paragraph (2) of subdivision (b) may be created on any remaining parcels under contract for at least 10 years following the creation of a homesite parcel pursuant to this section.
(d) This section shall not apply to land which is subject to a contract 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.
(3) Written notice of nonrenewal of the contract has been 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.
(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).
(f) Lot line adjustments on land subject to 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.

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 from the United States pursuant to Section 8551, or any other 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 United States from grazing lands or districts acquired or established therein by the United States or by any officer or instrumentality thereof, shall, on order of the Controller, be deposited into the United States Grazing Fees Fund, which is hereby created. Any moneys in the fund shall be disposed of, in accordance with federal law governing the use of those funds, by the payment of those moneys to the counties in which 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 in accordance with a payment schedule established by the Secretary of the Interior or other authorized official of the United States.

SEC. 11.

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

10252.
 If the department determines that the proposed agricultural conservation easement meets the eligibility criteria set forth in Section 10251, the proposal shall be reviewed based upon the extent to which 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.
(5) The use of an effective right-to-farm ordinance.
(6) Applied strategies for the economic support and enhancement of agricultural enterprise, including water policies, public education, marketing support, and consumer and recreational incentives.
(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.
(j) The amount of matching funds and in-kind services contributed by local governments and other sources.
(k) The price of the proposed easement purchase is cost-effective in comparison to the actual easement value.
(l) Other relevant considerations established by the 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 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) This section shall be operative from the lien date in 1983 to and including the lien date in 2002 2011, after which date this section shall become inoperative, and as of January 1, 2003 2012, this section is repealed.

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.