BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1441| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: AB 1441 Author: Assembly Agriculture Committee Amended: As introduced Vote: 21 SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 6/17/09 AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk ASSEMBLY FLOOR : 78-0, 5/11/09 (Consent) - See last page for vote SUBJECT : Agricultural land: Williamson Act: lot lines SOURCE : Author DIGEST : This bill 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. ANALYSIS : The Subdivision Map Act controls how cities and counties review and approve the subdivision of large properties into marketable parcels. The Map Act does not 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 CONTINUED AB 1441 Page 2 for the lost revenues. Land that is subject to a Williamson Act contract cannot 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), Chapter 495, Statutes of 1997]. This statute would have automatically terminated on January 1, 2003, but the Legislature extended the sunset date to 2004 [SB 1864 (Costa), Chapter 616, Statutes of 2002], to 2009 [AB 1492 (Laird), Chapter 694, Statutes of 2003], and to 2010 [AB 2921 (Laird), Chapter 503, Statutes of 2009]. This bill 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. Background The 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 are not likely to succeed. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, AB 1441 Page 3 Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Bass NO VOTE RECORDED: Duvall, Yamada AGB:mw 6/18/09 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****