BILL NUMBER: SB 831 CHAPTERED 10/10/99 CHAPTER 994 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 10, 1999 PASSED THE SENATE AUGUST 26, 1999 PASSED THE ASSEMBLY AUGUST 19, 1999 AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JULY 7, 1999 AMENDED IN ASSEMBLY JUNE 22, 1999 AMENDED IN SENATE MAY 18, 1999 AMENDED IN SENATE APRIL 5, 1999 INTRODUCED BY Senator Baca FEBRUARY 25, 1999 An act to amend Section 51256 of, and to add Sections 51256.1 and 51256.2 to, the Government Code, relating to agricultural land. LEGISLATIVE COUNSEL'S DIGEST SB 831, Baca. Agricultural land. (1) Under existing law, the Williamson Act authorizes a city or county, upon petition by a landowner, to cancel any contract if a city or county makes specified findings and the landowner pays a cancellation fee. The act also authorizes a city or county, upon petition by a landowner, to enter into an agreement with the landowner to rescind a Williamson Act contract in order to simultaneously place other land under an agricultural conservation easement if the legislative body of the city or county makes specified findings, including, among other things, that the proposed agricultural conservation easement is consistent with specified criteria. This bill instead would require that the land subject to the proposed easement be within the city, the county, or the county where the contract is canceled and that the easement be consistent with the purposes and requirements of the Agricultural Land Stewardship Program. The bill would also require the legislative body to make findings that the easement is consistent with specified eligibility criteria and is evaluated pursuant to specified selection criteria. The bill would make this a cancellation process, instead of a rescission process, that is subject to additional, specified findings and the payment of a cancellation fee. (2) Existing law, the Williamson Act, authorizes counties and cities to contract with landowners to keep lands as open spaces in exchange for reduced property taxes. Under existing law, the county or city may enter into an agreement with the landowner to rescind a contract in order to simultaneously place other land under an agricultural conservation easement if specified findings are made regarding the agreement, the easement, and the land involved. One finding is that the Director of Conservation approves the agreement pursuant to specified criteria. This bill would authorize one or more cities or counties to adopt a plan to implement these recission provisions with respect to multiple transactions within one or more specific areas located in a designated area within the Counties of San Bernardino and Riverside and to submit the plan to the director for approval, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 51256 of the Government Code is amended to read: 51256. Notwithstanding any other provision of this chapter, a city or county, upon petition by a landowner, may enter into an agreement with the landowner to cancel a contract pursuant to Section 51282 in order to simultaneously place other land within that city, the county, or the county where the contract is canceled under an agricultural conservation easement, consistent with the purposes and, except as provided in subdivision (b), the requirements of the Agricultural Land Stewardship Program (Division 10.2 (commencing with Section 10200) of the Public Resources Code), provided that the board or council makes all of the following findings: (a) The proposed agricultural conservation easement is consistent with the eligibility criteria in Section 10251 of the Public Resources Code. (b) The proposed agricultural conservation easement is evaluated pursuant to the selection criteria in Section 10252 of the Public Resources Code, and particularly subdivisions (a), (c), (e), (f), and (h), and the board or council makes a finding that the proposed easement will make a beneficial contribution to the conservation of agricultural land in its area. (c) The land proposed to be placed under an agricultural conservation easement is of equal size or larger than the land subject to the contract to be canceled, and is equally or more suitable for agricultural use than the land subject to the contract to be canceled. In determining the suitability of the land for agricultural use, the city or county shall consider the soil quality and water availability of the land, adjacent land uses, and any agricultural support infrastructure. (d) The value of the proposed agricultural conservation easement, as determined pursuant to Section 10260 of the Public Resources Code, is equal to or greater than 12.5 percent of the cancellation valuation of the land subject to the contract to be rescinded, pursuant to subdivision (a) of Section 51283. The easement value and the cancellation valuation shall be determined within 30 days before the approval of the city or county of an agreement pursuant to this section. SEC. 2. Section 51256.1 is added to the Government Code, to read: 51256.1. No agreement entered into pursuant to Section 51256 shall take effect until it is approved by the Director of Conservation. The director may approve the agreement if he or she finds that the findings of the board or council, as required by Sections 51256 and 51282, are supported by substantial evidence, and that the proposed agricultural conservation easement is consistent with the eligibility criteria set forth in Section 10251 of the Public Resources Code and will make a beneficial contribution to the conservation of agricultural land in its area. The director shall not approve the agreement if an agricultural conservation easement has been purchased with funds from the Agricultural Land Stewardship Program Fund, established pursuant to Section 10230 of the Public Resources Code, on the same land proposed to be placed under an agricultural conservation easement pursuant to this section. SEC. 3. Section 51256.2 is added to the Government Code, to read: 51256.2. (a) One or more cities or counties may adopt a plan for implementing the provisions of Section 51256 with respect to multiple transactions within one or more specific areas, and submit the plan to the director for his or her approval. The plan may be approved only upon a determination by the director that it is consistent with the provisions of Section 51256. Thereafter individual transactions shall be approved if they are consistent with the approved plan. (b) Notwithstanding Section 51256, this section shall apply only to lands under contract located in the Counties of San Bernardino and Riverside, within the area bounded by Interstate 10 on the north, State Route 71 on the west, State Route 91 on the south, and a line two miles east of Interstate 15 on the east, and to easements within that area or within 10 miles of its exterior boundaries. (c) The Legislature finds and declares that, because of the unique factors applicable only to the Chino Basin, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Those unique circumstances are that the Chino agricultural preserve is undergoing transition from agricultural to nonagricultural uses and the affected areas comprise more than a single jurisdiction. Therefore, a multijurisdictional approach is necessary.