BILL ANALYSIS
AB 1441
Page 1
Date of Hearing: April 15, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 1441 (Agriculture) - As Introduced: February 27, 2009
SUBJECT : Agricultural land: Williamson Act: lot lines.
SUMMARY : Extends the authorization, from January 1, 2010 to January
1, 2011, when agreed upon by a city or county and a landowner, to
rescind a Williamson Act (Act) contract and simultaneously enter
into a new contract to facilitate lot line adjustments.
EXISTING LAW authorizes owners of land subject to the Act to seek
approval for lot line changes without having to utilize the Act's
nonrenewal or cancellation provisions and pay cancellation fees.
This authorization will sunset on January 1, 2010.
FISCAL EFFECT : No fiscal affect, Legislative Counsel has keyed this
bill non-fiscal.
COMMENTS : The provisions of AB 1441 were originally enacted in 1990
with the intention of validating and opening rules for lot line
adjustments involving the Act's contract and non-contract lands when
some of the land was being removed from the Act due to there being
no other existing statutory authority. In 1999, these provisions
were changed to include all Act lands going through lot line
adjustments, but the phrase "to facilitate a lot line adjustment",
led some to believe this section was optional rather than required
even when no non-Act lands were involved. If the intent of the 1999
legislation is to include all lot line adjustments, regardless of
Act or non-Act lands, additional language may be needed to clarify
such intent.
Last year, AB 2921 (Laird), was working on resolving this confusion
through discussions among stakeholders, but due to the failure of
the Department of Conservation (DOC) to complete a report to the
Legislature on the status of the lot line adjustment provisions, the
alternative language was dropped and a one year extension was
inserted. That report has been prepared and is awaiting release by
the administration.
AB 1441 is a vehicle to be used to continue the stakeholders and
DOC's discussion regarding the appropriate requirements for lot line
adjustments involving all Act lands. These discussions are
AB 1441
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occurring and it is hoped that resolution will occur; if not, this
bill will remain a simple extension of the current provisions of
statute.
Pending Legislation : AB 494 (Caballero). Referred to the Assembly
Committees on Local Government and Agriculture, set to be heard
April 15, 2009 in the Local Government Committee.
AB 512 (Yamada). This bill would include horse breeding and
training facilities as a compatible use of land under an Act
contract. Referred to the Assembly Committees on Agriculture and
Natural Resources, and is not yet set to be heard at the request of
the author.
SB 170 (Florez). This bill would establish a rebuttable presumption
that where a federally recognized Indian tribe has petitioned for a
contract cancellation, that tribal cultural centers, infrastructure,
and housing are alterative uses that are public concerns that
substantially outweigh the objectives of the Act and that for tribal
cultural centers, infrastructure, and housing, land contiguous to
existing tribal land would provide more contiguous patterns of urban
development than development of proximate noncontracted land.
Referred to the Senate Committee on Local Government, set to be
heard April 15, 2009.
SB 671 (Runner). This bill would authorize the department or the
landowner to hire an independent fee appraiser to obtain an
independent fee appraisal within 45 days of receipt of the
assessor's appraisal. The bill would also require the board or
council, if the department and the landowner cannot agree on which
valuation is correct, to hire or appoint a mediator to make the
final determination. The bill would make other conforming changes.
Referred to the Senate Committee on Local Government, set to be
heard April 15, 2009.
SB 715 (Wolk). This bill authorizes the board of supervisors
(board) to require an annual survey to verify continuous
agricultural income from one or more agricultural uses or
agricultural commodities, to all owners of land under a contract,
and would require the owner or owners to return the completed survey
to the assessor within 60 days; requires a city or county to deny
approval of a tentative map, or parcel map for which a tentative map
is not required, for the proposed subdivision of land that is
subject to a contract entered into pursuant to the Act, unless the
legislative body finds, among other things; provides that if a city
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or county serves written notice of non-renewal of an open-space
easement contract, a Williamson Act contract, a farmland security
zone contract, and the landowner makes a written notice of protest,
the board or the assessor is required to follow specified steps in
assessing the annual value of the land until the contract term
expires, beginning no later than one year after the date of the
notice of non-renewal. Referred to the Senate Committee on Local
Government, set to be heard May 6, 2009.
Previous Legislation : AB 2860 (Mendoza), 2008. This bill would
have established a rebuttable presumption that where a Native
American tribe or tribal group has petitioned for a contract
cancellation, that tribal cultural centers, infrastructure, and
housing are alterative uses that are public concerns that
substantially outweigh the objectives of the act and that for tribal
cultural centers, infrastructure, and housing, land contiguous to
existing tribal land would provide more contiguous patterns of urban
development than development of proximate noncontracted land. This
bill was held under submission in the Assembly Committee on
Agriculture.
AB 2921 (Laird), Statutes 2008, Chapter 503. Expanded and clarified
statutory procedures for DOC to identify and respond to material
breaches of Williamson Act contracts, and made adjustments to
provisions of the Act dealing with contract rescissions, open space
and agricultural easements.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084