BILL ANALYSIS SENATE LOCAL GOVERNMENT COMMITTEE Senator Patricia Wiggins, Chair BILL NO: AB 1441 HEARING: 6/17/09 AUTHOR: Assembly Agriculture CommitteeFISCAL: No VERSION: 2/27/09 CONSULTANT: Detwiler WILLIAMSON ACT AND LOT LINE ADJUSTMENTS Background and Existing Law The Subdivision Map Act controls how cities and counties review and approve the subdivision of large properties into marketable parcels. The Map Act doesn't apply to lot line adjustments that move existing parcels' boundaries without creating new lots. The Williamson Act conserves agricultural and open space land under a three-part scheme that involves voluntary contracts that enforceably restrict land uses, reduced property tax assessments, and state subventions to make up for the lost revenues. Land that is subject to a Williamson Act contract can't be subdivided into parcels that are too small to sustain their agricultural use. To facilitate a lot line adjustment, local officials and the owners of Williamson Act contracted land can agree to simultaneously rescind a contract and enter a new contract if the local officials make seven findings (SB 1240, Costa, 1997). This statute would have automatically terminated on January 1, 2003, but the Legislature extended the sunset date to 2004 (SB 1864, Costa, 2002), to 2009 (AB 1492, Laird, 2003), and to 2010 (AB 2921, Laird, 2009). The State Department of Conservation must review this statute as part of its 2008 Williamson Act Status Report. The 2008 Laird bill proposed changing the findings that local officials must make before rescinding a Williamson Act contract to facilitate a lot line adjustment. When negotiations stalled in the absence of the Department's report, legislators extended the sunset date until January 1, 2010. Although the Department has drafted its report, the Schwarzenegger Administration has not approved its release. Without the Department's report, discussions aren't likely to succeed. AB 1441 -- 2/27/09 -- Page 2 Proposed Law Assembly Bill 1441 extends the automatic termination date from January 1, 2010 to January 1, 2011 in the state law that permits local officials to rescind a Williamson Act contract to facilitate a lot line adjustment. Comment Still waiting . Until legislators have the benefit of the State Department of Conservation's review of the statute that lets local officials rescind Williamson Act contracts to facilitate lot line adjustments, it's premature to either revise the law or make it permanent. The one-year statutory extension in AB 1441 gives legislators more time to wait for the Department's overdue report. Assembly Actions Assembly Agriculture Committee: 8-0 Assembly Natural Resources Committee: 9-0 Assembly Floor: 78-0 Support and Opposition (6/11/09) Support : Unknown. Opposition : Unknown.