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AB-1197 Agricultural Protection Planning Grant Program: local food producers.(2023-2024)



Current Version: 06/26/23 - Amended Senate

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AB1197:v95#DOCUMENT

Amended  IN  Senate  June 26, 2023
Amended  IN  Senate  June 12, 2023
Amended  IN  Assembly  May 18, 2023
Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1197

Introduced by Assembly Member Hart

February 16, 2023

An act to amend Sections 10280, 10280.5, and 10282 of the Public Resources Code, relating to agricultural lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 1197, as amended, Hart. Agricultural Protection Planning Grant Program: local food producers: grant limits. producers.
Existing law establishes the Agricultural Protection Planning Grant Program within the Department of Conservation, to provide planning grants to improve the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. Existing law provides these planning grants to, among other things, maintain local food supplies and agricultural economies through the protection of agricultural lands. Existing law authorizes certain purposes for which these grants may be made for agricultural protection, including, among others, to develop public-private partnerships for the long-term protection and stewardship of agricultural lands. Existing law prohibits the department from awarding a grant in excess of $500,000 to any applicant and $750,000 if the department determines that the grant application is for collaborative planning activities proposed to include 2 or more adjacent counties, cities, or city and county.

This bill would increase these grant limits to $1,000,000 and $1,500,000, respectively. The

This bill would additionally authorize a nonprofit organization to apply to the department for a planning grant to assist in identifying and mapping local food producers, as defined, if the department receives an appropriation from the Legislature for those purposes. The bill would authorize planning grants to be awarded for the purpose of maintaining local food producers through the protection of agricultural lands, as specified. The bill would, among other purposes for which these grants may be made for agricultural protection, authorize the development of public-private partnerships for the long-term protection and stewardship of local food producers, as specified. The bill would also make nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 10280 of the Public Resources Code is amended to read:

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, local food producers, and agricultural economies through the protection of agricultural lands.

SEC. 2.

 Section 10280.5 of the Public Resources Code is amended to read:

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 food producer” means a food producer or an agricultural producer that self-certifies that it satisfies either of the following conditions:
(1) Is an agricultural producer that does all of the following:
(A) Farms on 500 acres or less of farmland across all properties or grazes livestock on rangelands and has gross meat sales of less than two million dollars ($2,000,000) per year, as adjusted for annual changes to the California Consumer Price Index, as calculated by the Department of Finance.
(B) Sells more than 75 percent of its products within the state.
(C) Does at least one of the following:
(i) Operates a farm stand that meets the requirements of Section 47050 of the Food and Agricultural Code or a field retail stand that meets the requirements of Section 47030 of the Food and Agricultural Code on its property that makes its agricultural products available to the community.
(ii) Has a certified producer certificate and regularly sells in a California certified farmers’ market that meets the requirements of Section 47020 of the Food and Agricultural Code.
(iii) Operates a subscription-based community-supported agriculture program that meets the requirements of subdivision (a) of Section 47060 of the Food and Agricultural Code.
(iv) Operates an agritourism business, including, but not limited to, by providing educational opportunities for schoolchildren on its property to learn about how food is grown and farm conservation practices.
(v) Sells agricultural products directly to a restaurant or retail food establishment that is purchasing the food for sale directly to consumers at the restaurant or retail food establishment and the restaurant or retail food establishment meets the requirements of a food facility pursuant to Section 113789 of the Health and Safety Code.
(vi) Provides food products to a farm to community food hub that meets the requirements of Section 592 of the Food and Agricultural Code.
(2) Processes, aggregates, distributes, or otherwise facilitates the sale of agricultural products from an agricultural producer that meets the requirements of paragraph (1) and 75 percent of those sales occur within the state.
(f) “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.
(g) “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.

SEC. 3.

 Section 10282 of the Public Resources Code is amended to read:

10282.
 (a) Under the grant program, a local government entity, nonprofit organization, authority, or joint powers authority may apply to the department for a planning grant to be used for the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. In addition to any requirements established by the department, to be eligible for a grant under the grant program, an applicant shall do all of the following:
(1) Identify and map, utilizing the designations in the farmlands mapping and monitoring program of the department pursuant to Section 65570 of the Government Code, existing or potential agricultural lands in its jurisdiction.
(2) Specify its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.
(3) Specify the proposed changes to its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.
(4) Specify how the planning grant would be used to improve the long-term protection of agricultural land within its jurisdiction.
(b) Under the grant program, and in addition to subdivision (a), a nonprofit organization may apply to the department for a planning grant to assist in identifying and mapping local food producers if the department receives an appropriation from the Legislature for those purposes.
(c) A grant awarded by the department under the grant program shall not exceed one million dollars ($1,000,000) five hundred thousand dollars ($500,000) to any applicant, or one million five hundred thousand dollars ($1,500,000) seven hundred fifty thousand dollars ($750,000) if the department determines that a grant application is for collaborative planning activities proposed to include two or more adjacent counties, cities, or city and county.
(d) In granting funds pursuant to this division, the department shall give priority to proposals that include matching funds from local sources.
(e) A grant proposal by a park or open-space district, resource conservation district, other special district, authority, or joint powers authority shall be approved by resolution of the city, county, or city and county, or multiple cities and counties, whose jurisdiction the proposal is intended to benefit. The city, county, or city and county shall provide evidence that it is willing to implement some of the planning process funded by the grant.
(f) The purposes for which a grant may be made pursuant to this division for agricultural protection may include, but need not be limited to, the following:
(1) To update the general plan of a city, county, or city and county to improve protection of agricultural land, or a zoning ordinance designed to improve protection of agricultural land.
(2) To develop multicounty strategies to protect agricultural land.
(3) To develop city-county agreements to protect agricultural land.
(4) To develop strategies to implement existing general plan provisions, city-county agreements, or multicounty agreements to protect agricultural land, including technical assistance.
(5) To develop public-private partnerships for the long-term protection and stewardship of agricultural lands and local food producers.