BILL ANALYSIS Ó AB 1266 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Cameron Smyth, Chair AB 1266 (Nielsen) - As Introduced: February 18, 2011 SUBJECT : Local government: Williamson Act: agricultural preserves: advisory board. SUMMARY : Specifies matters on which Williamson Act advisory boards may advise the legislative body of a city or county. Specifically, this bill : 1)Authorizes an advisory board, in addition to advising on the administration of the agricultural preserves in the county or city, to advise the city or county on any matters relating to Williamson Act contracts, including, but not limited to, the following: a) Program benefits; b) Costs; c) Amendments; and, d) Landowner participation. 2)States that the advisory board process is not the only means by which a board of supervisors (board) or city council (council) may address agricultural preserve matters or receive advice regarding agricultural preserve matters. EXISTING LAW : 1)Pursuant to Article 13, section 8 of the California Constitution, authorizes the Legislature to promote the conservation, preservation and continued existence of open space lands and provides that when these lands are enforceably restricted to recreation, enjoyment of scenic beauty, use or conservation of natural resources, or production of food or fiber, they must be valued for property tax purposes only on a basis that is consistent with these restrictions and uses. 2)Creates the Williamson Act, also known as the California Land Conservation Act of 1965, which authorizes cities and counties AB 1266 Page 2 to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes. The Division of Land Resource Protection in the Department of Conservation administers the Act. 3)Authorizes a board or council to appoint an advisory board, the members of which shall serve at the pleasure of the board or council and may be paid their expenses. 4)Requires the advisory board to advise the board or council on the administration of the agricultural preserves in the county or city and on any matters relating to contracts entered into pursuant to the Williamson Act. FISCAL EFFECT : None COMMENTS : 1)The Williamson Act conserves agricultural and open space land by allowing private property owners to sign voluntary contracts with counties and cities, enforceably restricting their land to agriculture, open space, and compatible uses. In return, county assessors must lower the assessed value of the contracted lands to reflect their use as agriculture or open space instead of the market value. Making sure that private property owners use their Williamson Act land appropriately is essential to maintaining the statute's constitutional integrity. 2)According to the author's office, AB 1266 is intended to serve as a road map for counties who opt to use the advisory committees. The advisory committees have been in the Williamson Act since 1969 and a brief study in the 1990s found approximately half of Williamson Act counties had some kind of advisory committee. According to the author, this bill is intended to make counties more comfortable with using them as a tool to help deal with current problems. The bill spells out certain issues that a Williamson Act advisory committee might help a county address with its Williamson Act contract holders, but is not limited to them. 3)Support arguments: Supporters state that the bill provides illustrative examples of some of the subvention related AB 1266 Page 3 problems that a local advisory committee could address. Opposition arguments: Opposition could argue given the substantial cuts to Williamson Act funding over the last few years that beefing up the role of an advisory committee may be too small of a step to truly impact the necessary changes that will be needed at the local level to figure out the next steps to Williamson Act contracts. 4)The bill is double-referred to the Committee on Agriculture. REGISTERED SUPPORT / OPPOSITION : Support Resource Landowners Coalition Opposition None on file Analysis Prepared by : Katie Kolitsos / L. GOV. / (916) 319-3958