BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: AB 1441 HEARING: 6/17/09
AUTHOR: Assembly Agriculture CommitteeFISCAL: No
VERSION: 2/27/09 CONSULTANT: Detwiler
WILLIAMSON ACT AND LOT LINE ADJUSTMENTS
Background and Existing Law
The Subdivision Map Act controls how cities and counties
review and approve the subdivision of large properties into
marketable parcels. The Map Act doesn't apply to lot line
adjustments that move existing parcels' boundaries without
creating new lots.
The Williamson Act conserves agricultural and open space
land under a three-part scheme that involves voluntary
contracts that enforceably restrict land uses, reduced
property tax assessments, and state subventions to make up
for the lost revenues. Land that is subject to a
Williamson Act contract can't be subdivided into parcels
that are too small to sustain their agricultural use.
To facilitate a lot line adjustment, local officials and
the owners of Williamson Act contracted land can agree to
simultaneously rescind a contract and enter a new contract
if the local officials make seven findings (SB 1240, Costa,
1997). This statute would have automatically terminated on
January 1, 2003, but the Legislature extended the sunset
date to 2004 (SB 1864, Costa, 2002), to 2009 (AB 1492,
Laird, 2003), and to 2010 (AB 2921, Laird, 2009).
The State Department of Conservation must review this
statute as part of its 2008 Williamson Act Status Report.
The 2008 Laird bill proposed changing the findings that
local officials must make before rescinding a Williamson
Act contract to facilitate a lot line adjustment. When
negotiations stalled in the absence of the Department's
report, legislators extended the sunset date until January
1, 2010. Although the Department has drafted its report,
the Schwarzenegger Administration has not approved its
release. Without the Department's report, discussions
aren't likely to succeed.
AB 1441 -- 2/27/09 -- Page 2
Proposed Law
Assembly Bill 1441 extends the automatic termination date
from January 1, 2010 to January 1, 2011 in the state law
that permits local officials to rescind a Williamson Act
contract to facilitate a lot line adjustment.
Comment
Still waiting . Until legislators have the benefit of the
State Department of Conservation's review of the statute
that lets local officials rescind Williamson Act contracts
to facilitate lot line adjustments, it's premature to
either revise the law or make it permanent. The one-year
statutory extension in AB 1441 gives legislators more time
to wait for the Department's overdue report.
Assembly Actions
Assembly Agriculture Committee: 8-0
Assembly Natural Resources Committee: 9-0
Assembly Floor: 78-0
Support and Opposition (6/11/09)
Support : Unknown.
Opposition : Unknown.