BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 618|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 618
Author: Wolk (D)
Amended: 5/11/11
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 4/27/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez,
Kehoe, La Malfa, Liu
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Local government: solar-use easement
SOURCE : Author
DIGEST : This bill authorizes a city or county and a
landowner to simultaneously rescind a Williamson Act
contract on marginally productive or physically impaired
lands and enter into a solar-use easement that restricts
the use of land to photovoltaic solar facilities.
ANALYSIS : Existing law, the California Land Conservation
Act of 1965 (Williamson Act), authorizes landowners to sign
ten-year contracts with counties, agreeing to restrict a
property's use to agriculture, open space, or compatible
uses. In return for the agreement to keep the land out of
development, the landowner benefits from reduced property
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tax assessments based on the property's use rather than its
market value. These contracts renew automatically each
year, unless the contract is ended through nonrenewal,
cancellation, or termination. Under nonrenewal, either the
landowner or the county may provide notice to not renew the
contract. When the term of the contract runs out after
nine years, the property is reassessed at its market value
and land restrictions end. County officials can cancel a
Williamson Act contract at a landowner's request if the
board of supervisors finds that cancellation is consistent
with the Act's purpose or in the public interest. A
contract ends immediately upon cancellation and payment of
cancellation fees by the landowner to the state in an
amount equal to 12.5 percent of the property's unrestricted
value. A contract can be rescinded when a board of
supervisors cancels a Williamson Act contract and the
landowner simultaneously enters into an agricultural
conservation easement on other land of an equal or greater
value.
This bill authorizes a city or county and a landowner to
simultaneously rescind a Williamson Act contract on
marginally productive or physically impaired lands and
enter into a solar-use easement that restricts the use of
land to photovoltaic solar facilities. Among other things,
this bill:
1. Defines "marginally productive" as parcels not used for
agricultural purposes for the previous six years and
consisting predominantly of soil with significantly
reduced agricultural productivity due to chemical or
physical limitations, as specified.
2. Defines "physically impaired land" as land with severely
adverse soil conditions that are detrimental to
continued agricultural cultivation and production, as
specified.
3. Requires a designation of marginally productive or
physically impaired to be based on substantial evidence
and approved by the Secretary of Food and Agriculture.
4. Requires the term of a solar use easement to be at least
ten years and specify that the contract automatically
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renews each year unless notice of nonrenewal is given by
either party. Upon nonrenewal, the solar-use easement
would continue for the balance of the term. The land
must be restored to its original condition by the
landowner if he or she initiates nonrenewal of a
solar-use easement.
5. Requires any lead or responsible agency to expedite the
review and issuance of any necessary permits for solar
photovoltaic facilities located on marginally
productive, physically impaired, or specified disturbed
land.
6. Authorizes the Department of Conservation to adopt
regulations necessary for the implementation of the
bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Cancellation fees unknown, significant loss of General/
cancellation fees
Special*
Property reassessments likely increase in property
tax Local/
revenues related to
reassessmentsGeneral
DFA determinations unknown, potentially
significant costs General
to make determinations of marginally
productive or physically impaired lands
DOC regulations one-time costs, likely exceeding
$200Special*
* Soil Conservation Fund
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SUPPORT : (Verified 5/26/11)
California Farm Bureau Federation
Trust for Public Land
Westland Solar Park
AGB:mw 5/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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