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 COMMENTS : The provisions of AB 1441 were originally enacted in 1990 with the intention of validating and opening rules for lot line adjustments involving the Act's contract and non-contract lands when some of the land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 Page 2 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 AB 1441 Page 3 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