BILL NUMBER: AB 1944	CHAPTERED
	BILL TEXT

	CHAPTER   889
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JULY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 11, 2000

INTRODUCED BY   Assembly Member Wayne

                        FEBRUARY 15, 2000

   An act to amend Section 51238.3 of, and to add Section  51284.1
to, the Government Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1944, Wayne.  Williamson Act.
   (1) Existing law, the Williamson Act, provides that a landowner
and a city or county may enter into a mutually beneficial contract to
restrict the use of agricultural land by creating an agricultural
preserve.  The act defines a compatible use as any use determined by
the county or city administering the preserve or by the act to be
compatible with the agricultural, recreational, or open-space use of
land within the preserve and subject to the contract.  The act
provides that certain conditions and restrictions for compatible uses
do not apply to uses that are expressly specified within the
contract prior to June 7, 1994, and that constituted a compatible use
under the act when the contract was signed or amended.
   This bill would provide that a compatible use is expressly
specified within the contract only if it is specifically enumerated
within the 4 corners of the Williamson Act contract without reference
to other documents.
   (2) Existing law permits the county board of supervisors or city
council to grant tentative approval for cancellation of a contract if
it finds that the cancellation is either consistent with the
purposes of the act or in the public interest.
   This bill would require the board or council to mail a notice to
the Director of Conservation of its acceptance of the landowner
application for tentative cancellation.  The bill would require the
director to submit his or her comments on the proposed cancellation
to the board or council.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51238.3 of the Government Code is amended to
read:
   51238.3.  (a) The requirements of Sections 51238.1 and 51238.2
shall not apply to compatible uses for which an application was
submitted to the city or county prior to June 7, 1994, provided that
the use constituted a "compatible use" as that term was defined by
this chapter either at the time the application was submitted, or at
the time the Williamson Act contract was signed with respect to the
subject contract lands, whichever is later.
   (b) Neither shall the requirements of Sections 51238.1 and 51238.2
apply to land uses of contracted lands in place prior to June 7,
1994, that constituted a "compatible use" as the term "compatible use"
was defined by this chapter either at the time the use was
initiated, or at the time the Williamson Act contract was signed with
respect to the subject contract lands, whichever is later.
   (c) (1) Neither shall the requirements of Sections 51238.1 and
51238.2 apply to uses that are expressly specified within the
contract itself prior to June 7, 1994, and that constituted a
"compatible use" as the term "compatible use" was defined by this
chapter at the time that Williamson Act contract was signed with
respect to the subject contract lands, or at the time the contract
was amended to include the uses, whichever is later.  For purposes of
this subdivision, the requirements of Sections 51238.1 and 51238.2,
effective January 1, 1995, shall apply to contracts for which
contract nonrenewal was initiated and was withdrawn after January 1,
1995.
   (2) For purposes of this chapter, a compatible use is considered
to be expressly specified within the contract only if it is
specifically enumerated within the four corners of the Williamson Act
contract either without the benefit of referenced documents, or with
respect to Williamson Act contracts signed on or before June 7,
1997, with the benefit of referenced documents as those documents
existed at the time the Williamson Act contract was initially signed.
  This subdivision shall be narrowly construed to be consistent with
the purposes of this chapter.
  SEC. 2.  Section 51284.1 is added to the Government Code, to read:

   51284.1.  (a) When a landowner petitions a board or council for
the tentative cancellation of a contract and when the board or
council accepts the application as complete pursuant to Section
65943, the board or council shall immediately mail a notice to the
Director of Conservation.  The notice shall include all of the
following:
   (1) A copy of the petition.
   (2) A copy of the contract.
   (3) A general description, in text or by diagram, of the land that
is the subject of the proposed cancellation.
   (4) The deadline for submitting comments regarding the proposed
cancellation.  That deadline shall be consistent with the Permit
Streamlining Act (Chapter 4.5 (commencing with Section 65920) of
Division 1 of Title 7), but in no case less than 30 days prior to the
scheduled action by the board or council.
   (b) The Director of Conservation shall review the proposed
cancellation and submit comments to the board or council by the
deadline specified in paragraph (4) of subdivision (a).  Any comments
submitted shall advise the board or council on the findings required
by Section 51282 with respect to the proposed cancellation.
   (c) Prior to acting on the proposed cancellation, the board or
council shall consider the comments by the Director of Conservation,
if submitted.