BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1441|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 1441
Author: Assembly Agriculture Committee
Amended: As introduced
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 6/17/09
AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk
ASSEMBLY FLOOR : 78-0, 5/11/09 (Consent) - See last page
for vote
SUBJECT : Agricultural land: Williamson Act: lot lines
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS : The Subdivision Map Act controls how cities
and counties review and approve the subdivision of large
properties into marketable parcels. The Map Act does not
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
CONTINUED
AB 1441
Page
2
for the lost revenues. Land that is subject to a
Williamson Act contract cannot 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), Chapter 495, Statutes of 1997]. This statute
would have automatically terminated on January 1, 2003, but
the Legislature extended the sunset date to 2004 [SB 1864
(Costa), Chapter 616, Statutes of 2002], to 2009 [AB 1492
(Laird), Chapter 694, Statutes of 2003], and to 2010 [AB
2921 (Laird), Chapter 503, Statutes of 2009].
This bill 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.
Background
The 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 are
not likely to succeed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
AB 1441
Page
3
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
AGB:mw 6/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****