BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1441|
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                                    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  
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          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

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