BILL ANALYSIS
AB 1965
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1965 (Yamada) - As Amended: April 13, 2010
SUBJECT : Agricultural land: Williamson Act: lot line
adjustments: contracts.
SUMMARY : Extends the sunset, from January 1, 2011 to January 1,
2013, of a provision that allows a city or county and a
landowner to mutually agree to simultaneously rescind a
Williamson Act contract and enter into a new contract to
facilitate lot line adjustments. Specifically, this bill :
1)Extends the sunset, from January 1, 2011 to January 1, 2013,
of a provision that allows a city or county and a landowner to
mutually agree to simultaneously rescind a Williamson Act
contract and enter into a new contract to facilitate lot line
adjustments.
2)Requires that an application to rescind a contract for lot
line adjustments be processed to its completion if it is
submitted before January 1, 2013.
3)Deletes outdated Department of Conservation (DOC) report
language.
EXISTING LAW :
1)Pursuant to Article 13, Section 8 of the California
Constitution, authorizes the Legislature to promote the
conservation, preservation and continued existence of open
space lands and provides that when these lands are enforceably
restricted to recreation, enjoyment of scenic beauty, use or
conservation of natural resources, or production of food or
fiber, they must be valued for property tax purposes only on a
basis that is consistent with these restrictions and uses.
2)Creates the Williamson Act, also known as the California Land
Conservation Act of 1965, which authorizes cities and counties
to enter into agricultural land preservation contracts with
landowners who agree to restrict the use of their land for a
minimum of 10 years in exchange for lower-assessed valuations
for property tax purposes. The Division of Land Resource
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Protection in the DOC administers the Williamson Act.
3)Authorizes, until January 1, 2011, a city or county and a
landowner to mutually agree to simultaneously rescind a
Williamson Act contract and enter into a new contract to
facilitate lot line adjustments if a city council or board of
supervisors finds all of the following:
a) 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for at least as long as the unexpired term of the rescinded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;
b) There is no net decrease in the amount of the acreage
restricted;
c) At least 90% of the land under the former contract or
contracts remains under the new contract or contracts;
d) After the lot line adjustment, the parcels of land
subject to contract will be large enough to sustain their
agricultural use;
e) 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;
f) The lot line adjustment is not likely to result in the
removal of adjacent land from agricultural use; and,
g) 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.
4)Requires the DOC to review the performance of the above
provision in a bi-annual report due in 2008.
FISCAL EFFECT : None
COMMENTS :
1)The Subdivision Map Act controls how cities and counties
review and approve the subdivision of large properties into
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marketable parcels. The Map Act does not apply to lot line
adjustments that move existing parcels' boundaries without
creating new lots.
2)The Williamson Act conserves agricultural and open space land
by allowing private property owners to sign voluntary
contracts with counties and cities, enforceably restricting
their land to agriculture, open space, and compatible uses.
In return, county assessors must lower the assessed value of
the contracted lands to reflect their use as agriculture or
open space instead of the market value. Making sure that
private property owners use their Williamson Act land
appropriately is essential to maintaining the statute's
constitutional integrity. Land that is subject to a
Williamson Act contract cannot be subdivided into parcels that
are too small to sustain their agricultural use.
3)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], to 2010 [AB 2921 (Laird),
Chapter 503, Statutes of 2008], and to 2011 [AB 1441 (Comm. on
Agriculture), Chapter 148, Statutes of 2009].
4)AB 1965 extends the automatic termination date from January 1,
2011, to January 1, 2013, in the state law that permits local
officials to rescind a Williamson Act contract to facilitate a
lot line adjustment. According to the author's office, the
additional two years are needed because in some areas the
application process can take longer than a year to complete.
This bill also requires that an application to rescind a
contract for lot line adjustments be processed to its
completion if it is submitted before January 1, 2013.
According to the author's office, this clarification is being
added to ensure that the sunset does not take effect in the
middle of an application process.
5)Support Arguments : Supporters might argue that this bill
allows landowners to make minor lot line adjustments without
resorting to canceling or non-renewing a Williamson Act
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contract.
Opposition Arguments : None at this time.
6)This bill was heard by the Agriculture Committee on April 21,
2010, where it passed with a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958