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.