BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1441
                                                                Page  1

        Date of Hearing:   April 15, 2009

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
              AB 1441 (Agriculture) - As Introduced:  February 27, 2009
         
        SUBJECT  :  Agricultural land: Williamson Act: lot lines.

         SUMMARY  :  Extends the authorization, from January 1, 2010 to January  
        1, 2011, when agreed upon by a city or county and a landowner, to  
        rescind a Williamson Act (Act) contract and simultaneously enter  
        into a new contract to facilitate lot line adjustments.

         EXISTING LAW  authorizes owners of land subject to the Act to seek  
        approval for lot line changes without having to utilize the Act's  
        nonrenewal or cancellation provisions and pay cancellation fees.   
        This authorization will sunset on January 1, 2010.

         FISCAL EFFECT  :  No fiscal affect, Legislative Counsel has keyed this  
        bill non-fiscal.

         COMMENTS  :  The provisions of AB 1441 were originally enacted in 1990  
        with the intention of validating and opening rules for lot line  
        adjustments involving the Act's contract and non-contract lands when  
        some of the land was being removed from the Act due to there being  
        no other existing statutory authority.  In 1999, these provisions  
        were changed to include all Act lands going through lot line  
        adjustments, but the phrase "to facilitate a lot line adjustment",  
        led some to believe this section was optional rather than required  
        even when no non-Act lands were involved.  If the intent of the 1999  
        legislation is to include all lot line adjustments, regardless of  
        Act or non-Act lands, additional language may be needed to clarify  
        such intent.

        Last year, AB 2921 (Laird), was working on resolving this confusion  
        through discussions among stakeholders, but due to the failure of  
        the Department of Conservation (DOC) to complete a report to the  
        Legislature on the status of the lot line adjustment provisions, the  
        alternative language was dropped and a one year extension was  
        inserted.  That report has been prepared and is awaiting release by  
        the administration.

        AB 1441 is a vehicle to be used to continue the stakeholders and  
        DOC's discussion regarding the appropriate requirements for lot line  
        adjustments involving all Act lands.  These discussions are  








                                                                AB 1441
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        occurring and it is hoped that resolution will occur; if not, this  
        bill will remain a simple extension of the current provisions of  
        statute.

         Pending Legislation  :  AB 494 (Caballero).  Referred to the Assembly  
        Committees on Local Government and Agriculture, set to be heard  
        April 15, 2009 in the Local Government Committee.

        AB 512 (Yamada).  This bill would include horse breeding and  
        training facilities as a compatible use of land under an Act  
        contract.  Referred to the Assembly Committees on Agriculture and  
        Natural Resources, and is not yet set to be heard at the request of  
        the author.

        SB 170 (Florez).  This bill would establish a rebuttable presumption  
        that where a federally recognized Indian tribe has petitioned for a  
        contract cancellation, that tribal cultural centers, infrastructure,  
        and housing are alterative uses that are public concerns that  
        substantially outweigh the objectives of the Act and that for tribal  
        cultural centers, infrastructure, and housing, land contiguous to  
        existing tribal land would provide more contiguous patterns of urban  
        development than development of proximate noncontracted land.   
        Referred to the Senate Committee on Local Government, set to be  
        heard April 15, 2009.

        SB 671 (Runner).  This bill would authorize the department or the  
        landowner to hire an independent fee appraiser to obtain an  
        independent fee appraisal within 45 days of receipt of the  
        assessor's appraisal. The bill would also require the board or  
        council, if the department and the landowner cannot agree on which  
        valuation is correct, to hire or appoint a mediator to make the  
        final determination. The bill would make other conforming changes.   
        Referred to the Senate Committee on Local Government, set to be  
        heard April 15, 2009.

        SB 715 (Wolk).  This bill authorizes the board of supervisors  
        (board) to require an annual survey to verify continuous  
        agricultural income from one or more agricultural uses or  
        agricultural commodities, to all owners of land under a contract,  
        and would require the owner or owners to return the completed survey  
        to the assessor within 60 days; requires a city or county to deny  
        approval of a tentative map, or parcel map for which a tentative map  
        is not required, for the proposed subdivision of land that is  
        subject to a contract entered into pursuant to the Act, unless the  
        legislative body finds, among other things; provides that if a city  








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        or county serves written notice of non-renewal of an open-space  
        easement contract, a Williamson Act contract, a farmland security  
        zone contract, and the landowner makes a written notice of protest,  
        the board or the assessor is required to follow specified steps in  
        assessing the annual value of the land until the contract term  
        expires, beginning no later than one year after the date of the  
        notice of non-renewal.  Referred to the Senate Committee on Local  
        Government, set to be heard May 6, 2009.   
         
        Previous Legislation  :  AB 2860 (Mendoza), 2008.  This bill would  
        have established a rebuttable presumption that where a Native  
        American tribe or tribal group has petitioned for a contract  
        cancellation, that tribal cultural centers, infrastructure, and  
        housing are alterative uses that are public concerns that  
        substantially outweigh the objectives of the act and that for tribal  
        cultural centers, infrastructure, and housing, land contiguous to  
        existing tribal land would provide more contiguous patterns of urban  
        development than development of proximate noncontracted land.  This  
        bill was held under submission in the Assembly Committee on  
        Agriculture.

        AB 2921 (Laird), Statutes 2008, Chapter 503.  Expanded and clarified  
        statutory procedures for DOC to identify and respond to material  
        breaches of Williamson Act contracts, and made adjustments to  
        provisions of the Act dealing with contract rescissions, open space  
        and agricultural easements.

         REGISTERED SUPPORT / OPPOSITION  :   

         Support 
         
        None on file

         Opposition 
         
        None on file
         
        Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084