BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1319|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1319
          Author:   Pavley (D)
          Amended:  6/3/10
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  4-1, 4/19/10
          AYES:  Aanestad, Kehoe, DeSaulnier, Price
          NOES:  Cox

           SENATE FLOOR  :  29-2, 4/22/10
          AYES:  Alquist, Ashburn, Calderon, Cedillo, Corbett,  
            Correa, Denham, DeSaulnier, Ducheny, Hancock,  
            Hollingsworth, Kehoe, Leno, Liu, Lowenthal, Maldonado,  
            Negrete McLeod, Oropeza, Padilla, Pavley, Price, Romero,  
            Simitian, Steinberg, Strickland, Wolk, Wright, Wyland,  
            Yee
          NOES:  Huff, Walters
          NO VOTE RECORDED:  Aanestad, Cogdill, Cox, Dutton, Florez,  
            Harman, Runner, Wiggins, Vacancy

           ASSEMBLY FLOOR :  71-0, 8/5/10 (Consent) - See last page for  
            vote


          SUBJECT  :    Subdivisions:  parcels merger:  renewable  
          energy facilities

           SOURCE  :     The Nature Conservancy


           DIGEST  :    This bill provides that specified provisions of  
          the Subdivision Map Act do not prohibit a landowner, local  
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          agency, or renewable energy corporation from seeking  
          financial assistance from the state to help defray the  
          costs of merging parcels. 

           Assembly Amendments  allows renewable energy companies,  
          private landowners, or local governments to start using  
          state funding source to help defray some of the costs  
          associated with merging parcels on private lands.  
          
           ANALYSIS  :    The Subdivision Map Act controls how local  
          officials approve property owners' proposals to create  
          smaller lots out of larger parcels.  The Map Act also  
          describes several methods for reversing that process,  
          including reversions to acreage, resubdivisions, local  
          options, and parcel merger.

          Either the property owner or the city or county can start  
          proceedings to revert subdivided land back to acreage.  The  
          statutory procedures for a reversion require the city  
          council or county board of supervisors to hold a publicly  
          noticed hearing and make findings.

          As an alternative to reversion, a city council or county  
          board of supervisors can adopt an ordinance that allows  
          property owners to resubdivide their property by filing new  
          parcel maps or new tentative subdivision maps.  This  
          procedure results in merging formerly separate lots without  
          reverting them to acreage.

          Another alternative allows a city council or county board  
          of supervisors to adopt an ordinance that allows property  
          owners to merge contiguous parcels that are under common  
          ownership, requiring only the recordation of a merger  
          document.

          The merger of previously subdivided parcels is a formal  
          proceeding that requires the city council or county board  
          of supervisors to adopt an ordinance that spells out the  
          conditions under which the city or county can force the  
          merger of contiguous parcels under the same ownership.  At  
          least one of the affected parcels must be undeveloped,  
          developed with only an accessory structure, or developed  
          with a structure that straddles the property lines.  One of  
          the parcels must meet at least one of seven named  

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          conditions.  
          Before local officials can order a merger, there must be  
          publicly noticed hearings.

          This bill provides that specified provisions of the  
          Subdivision Map Act (Act) do not prohibit a landowner,  
          local agency, or renewable energy corporation from seeking  
          financial assistance from the state to help defray the  
          costs of merging parcels.

          This bill:

          1. Provides that nothing in the merger or reversion  
             provisions of the Act prohibits a landowner, local  
             agency, or renewable energy corporation authorized to  
             conduct business in this state from seeking financial  
             assistance from eligible state funding sources to defray  
             either of the following costs. 
          2. The costs of merging parcels, including, but not limited  
             to, escrow costs, on private or public lands. 

          3. The costs of establishing or administering a joint  
             powers authority established or authorized to merge  
             parcels on private or public lands, including, but not  
             limited to, all eligible costs, for the purpose of  
             siting renewable energy facilities. 

          4. Specifies that this bill does not authorize the use of  
             state funds for the acquisition of real property for  
             which a parcel merger will be initiated. 

           Comments  

          At an interim hearing in 1986, the Senate Local Government  
          Committee reviewed "California's Hidden Land Use Problem:   
          The Redevelopment of Antiquated Subdivisions."  Legislators  
          learned that local officials had created more than 400,000  
          parcels that were still vacant, but "too small, too remote,  
          or too dangerous to build on."  Private investors explained  
          the difficulties they faced in assembling parcels and  
          resubdividing them into marketable lots.  A subsequent  
          proposal to enact a bold "land readjustment law" failed,  
          but legislators made other statutory improvements.


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          Electrical utilities, both investor owned and public  
          agencies, want to expand their capacity to generate  
          electricity from renewable sources, including solar and  
          wind energy.  Commercial scale alternative energy  
          generating facilities often require large pieces of flat  
          property near existing power lines.  Conservationists want  
          to discourage alternative energy facilities from locating  
          on productive farmland or desert habitat.  They want to  
          find alternative locations that would be suitable without  
          further disturbing habitat or agricultural land.  Combining  
          the unbuildable lots in antiquated subdivisions could  
          create these sites.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/5/10)

          The Nature Conservancy (source)


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, De La  
            Torre, De Leon, DeVore, Eng, Evans, Feuer, Fong, Fuentes,  
            Fuller, Gaines, Galgiani, Garrick, Gatto, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Huber, Huffman,  
            Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, Portantino, Ruskin, Salas, Saldana,  
            Silva, Skinner, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Blakeslee, Davis, Fletcher, Furutani,  
            Hill, Lieu, V. Manuel Perez, Smyth, Vacancy


          AGB:mw  8/6/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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