BILL ANALYSIS Ó
AB 551
Page 1
Date of Hearing: April 17, 2013
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
AB 551 (Ting) - As Amended: April 9, 2013
SUBJECT : Local government: urban agriculture incentive zones.
SUMMARY : This bill allows a county to establish by ordnance an
Urban Agriculture Incentive Zone for the purpose of supporting
urban agriculture. Specifically, this bill :
1)Makes legislative findings and declarations that it is in the
public interest to promote urban farms enterprise sectors.
2)Defines Urban Agriculture Incentive Zones (UAIZ) as an area
within a county that is comprised of individual properties
designated by the county as an agricultural preserve for
farming.
3)Allows a county, after a public meeting, to establish a UAIZ
by ordnance to enter into voluntary enforceable agreements
with landowners for the use of specified lands for small scale
commercial agriculture production.
4)Allows a county, after adopting a UAIZ ordnance, to enter into
contracts with landowners to enforceably restrict the contract
lands to uses consistent with urban agriculture. Contracts
are required, but not limited to, the following provisions.
a) A term of at least 10 years;
b) The land is at least one tenth of an acre in size;
c) Requires the entire contract property be committed to
agricultural use; and,
d) Prohibits commercial use for contracted land, except for
uses that comply with the terms of the contract.
5)Requires UAIZ contracts to not prohibit structures that
support agricultural activities, including, but not limited
to, toolsheds, greenhouses, produce stands, and instructional
space.
AB 551
Page 2
6)Requires UAIZ contracts to allow the use of organic pesticides
or fertilizers allowed by the United States Department of
Agriculture's National Organic Program, if the use of
pesticides or fertilizers are prohibited by the UAIZ contract.
7)Requires that in a tax assessment of UAIZ contracts
properties, assessors must consider the enforceable
restrictions that affect land valuation.
8) Adds UAIZ contracted lands as an enforceable restriction that
affects land valuation, which assessors are required to
examine.
EXISTING LAW:
1)Authorizes cities and counties 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.
2)Requires a county assessor to consider, when valuing real
property for property taxation purposes, the effect of any
enforceable restrictions upon the property. These restrictions
include, but are not limited to, zoning, contracts with
governmental agencies, and various other restrictions imposed
by governments.
FISCAL EFFECT : Unknown. This bill has been keyed fiscal by
Legislative Counsel.
COMMENTS : According to the author, many properties in urban
areas lie undeveloped for many years due to various reasons.
These properties can blight the surrounding neighborhood. This
bill seeks to create an incentive for the owners of these
properties to use their properties for urban agriculture in
order to create a green space and a local food source for the
community.
The author states that by allowing a county to enter a contract
with the landowner, in which the property must be used for urban
agriculture in return for a lower property tax rate. Supporters
state that by reducing the landowner's property tax rate,
property owned may be encouraged to convert the land to an urban
agricultural use. The reduced tax rate could serve as an
AB 551
Page 3
incentive to lease the land for urban agriculture rather than
leaving the property unused.
A recent report by Policy Link identified a growth in urban
communities across America in which urban agriculture is taking
root as an inventive solution to increase access to healthy
food. The report also stated that urban agriculture is helping
to revitalize the economic and social health of communities.
This bill will further aid that growth.
Supporters state that the opt-in approach taken by this bill
offers a conservative way to help expand urban agriculture
across the state. This bill will act as another tool in the box
for counties who are looking to create open space and small
scale economic opportunities in their jurisdiction.
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Urban Agriculture Alliance (Sponsor)
Alchemist Community Development Corporation
Anya Kamenskaya, Future Farmers and DIG Cooperative
City Slicker Farms
Cythia Hubach, Founder Elysian Valley Community Garden
Garrett Broad, Los Angeles
Hunger Action Los Angeles
Little City Gardens
Mission Pie, San Francisco
Oakland Roots The School of Urban Sustainability
Oakland Roots, The School of Sustainability
Ocean Beach People's Organic Food Market
Phat Beets Produce
Planting Justice
Planting Justice
Sacramento Natural Foods Co-Op
San Diego Hunger Coalition
Santa Clara County Open Space Authority
Social Justice Learning Institute
Soil Born Farms
SPUR, San Francisco
Supervisor David Chiu, San Francisco
Sustainable Economies Law Center
Ubuntu Green
Ubuntu Green
AB 551
Page 4
Victory Gardens San Diego
Women Organizing Resources Knowledge and Services
One Individual
Opposition
None on file
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084