BILL NUMBER: AB 1965	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 17, 2010

   An act to  add Section 16142.4 to   amend
Section 51257 of  the Government Code, relating to agricultural
land  , and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1965, as amended, Yamada. Agricultural land: 
subventions.   Williamson Act: lot line adjustments:
contracts.  
   The Williamson Act, until January 1, 2011, authorizes a city or
county and a landowner to agree to rescind a contract or contracts
and simultaneously enter into enter into a new contract or contracts
to facilitate lot line adjustments. The act requires the Department
of Conservation to review the contract rescission provision in its
2008 Williamson Act Status Report.  
   This bill would extend the repeal date of the contract rescission
provision to January 1, 2013. This bill would require that an
application to rescind a contract for lot line adjustments be
processed to its completion if it is submitted before January 1,
2013. This bill would delete the requirement for the department to
review the contract rescission provision in its 2008 report. 

   Existing law continuously appropriates to the Controller from the
General Fund a sum sufficient to provide replacement revenues to
local government for a reduction of property tax on open-space lands,
as specified.  
   This bill would, for the 2008-09 fiscal year, appropriate
specified amounts from the General Fund to each county in the state
for open-space lands pursuant to the Williamson Act, as specified.

   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 51257 of the  
Government Code   is amended to read: 
   51257.  (a) To facilitate a lot line adjustment, pursuant to
subdivision (d) of Section 66412, and notwithstanding any other
provision of this chapter, the parties may mutually agree to rescind
the contract or contracts and simultaneously enter into a new
contract or contracts pursuant to this chapter, provided that the
board or council finds all of the following:
   (1) The new contract or contracts would enforceably restrict the
adjusted boundaries of the parcel for an initial term for at least as
long as the unexpired term of the rescinded contract or contracts,
but for not less than 10 years.
   (2) There is no net decrease in the amount of the acreage
restricted. In cases where two parcels involved in a lot line
adjustment are both subject to contracts rescinded pursuant to this
section, this finding will be satisfied if the aggregate acreage of
the land restricted by the new contracts is at least as great as the
aggregate acreage restricted by the rescinded contracts.
   (3) At least 90 percent of the land under the former contract or
contracts remains under the new contract or contracts.
   (4) After the lot line adjustment, the parcels of land subject to
contract will be large enough to sustain their agricultural use, as
defined in Section 51222.
   (5) The lot line adjustment would not compromise the long-term
agricultural productivity of the parcel or other agricultural lands
subject to a contract or contracts.
   (6) The lot line adjustment is not likely to result in the removal
of adjacent land from agricultural use.
   (7) The lot line adjustment does not result in a greater number of
developable parcels than existed prior to the adjustment, or an
adjusted lot that is inconsistent with the general plan.
   (b) Nothing in this section shall limit the authority of the board
or council to enact additional conditions or restrictions on lot
line adjustments.
   (c) Only one new contract may be entered into pursuant to this
section with respect to a given parcel, prior to January 1, 2004.

   (d) In the year 2008, the department's Williamson Act Status
Report, prepared pursuant to Section 51207, shall include a review of
the performance of this section.  
   (e) 
    (d)    This section shall remain in effect
 only until January 1,  2011,  
2013,  and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1,  2011,
  2013,  deletes or extends that date.  An
application filed prior to the repeal of this section shall be
processed to completion.  
  SECTION 1.   Section 16142.4 is added to the
Government Code, to read:
   16142.4.  For the 2008-09 fiscal year, pursuant to Section 16140,
the subvention payment to counties shall be as follows:
   (a) The following counties shall receive 75 percent of the actual
subvention payment calculated for that county, in the following
amounts:
Colusa................... $ 568,900
Glenn.................... $ 706,730
Kings.................... $1,804,625
Lassen................... $ 293,265
Mariposa................. $ 138,673
Modoc.................... $ 105,071
Plumas................... $  69,936
San Benito............... $ 517,874
Sierra................... $ 35,848
Siskiyou................. $ 519,634
Trinity.................. $  14,715


   (b) The following counties shall receive 65 percent of the actual
subvention payment calculated for that county, in the following
amounts:
Amador................... $ 64,477
Calaveras................ $ 117,590
Fresno................... $3,282,985
Imperial................. $ 359,344
Lake..................... $ 40,149
Madera................... $ 808,157
Sutter................... $ 135,881
Tehama................... $ 573,454
Tulare................... $2,060,381
Yolo..................... $ 771,843


   (c) The following counties shall receive 55 percent of the actual
subvention payment calculated for that county, in the following
amounts:
Butte..................... $ 320,578
Humbolt................... $ 105,772
Kern...................... $2,377,574
Mendocino................. $ 249,966
Merced.................... $ 699,236
Mono...................... $   32,941
Monterey.................. $  477,887
San Joaquin............... $  961,307
San Luis Obispo........... $ 544,167
Shasta.................... $  119,651
Solano.................... $  354,412
Stanislaus................ $  796,459
Tuolumne.................. $  58,182


   (d) The following counties shall receive at least 20 percent of
the actual subvention payment calculated for that county, in the
following amounts:
Alameda.................... $ 23,002
Contra Costa............... $ 12,549
El Dorado.................. $  7,512
Los Angeles................ $  7,209
Marin...................... $ 19,829
Napa....................... $ 16,239
Nevada..................... $ 3,124
Orange..................... $   63
Placer..................... $ 11,458
Riverside.................. $ 40,037
Sacramento................. $ 92,787
San Bernardino............. $  2,373
San Diego.................. $ 14,760
San Mateo.................. $ 10,424
Santa Barbara.............. $116,941
Santa Clara................ $ 62,207
Santa Cruz................. $  4,927
Sonoma..................... $ 78,956
Ventura.................... $ 58,447