BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 1965 HEARING: 6/16/10
AUTHOR: Yamada FISCAL: No
VERSION: 4/13/10 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. The State
Department of Conservation must review this provision as
part of its biennial Williamson Act status report (SB 1240,
Costa, 1997). The statute would have automatically
terminated on January 1, 2003, but the Legislature extended
the sunset date to:
2004 (SB 1864, Costa, 2002).
2009 (AB 1492, Laird, 2003).
2010 (AB 2921, Laird, 2008).
Because the Department's evaluation wasn't ready, the
Legislature extended the sunset date to January 1, 2011 (AB
1441, Assembly Agriculture Committee, 2009). When its
report finally came out, the Department called the lot line
adjustment statute "a useful tool for landowners, local and
state government." However, the Department's auditors
identified nearly 100 examples of questionable lot line
adjustments or subdivisions. The Department acknowledged
that its interpretation differed from the way that some
AB 1965 -- 4/13/10 -- Page 2
counties and landowners read the law. Discussions over how
to clarify the lot line adjustment provisions have stalled.
Proposed Law
Assembly Bill 1965 extends the automatic termination date
in the state law that permits local officials to rescind a
Williamson Act contract to facilitate a lot line adjustment
from January 1, 2011 to January 1, 2013. AB 1965 declares
that an application filed before the statute's repeal must
be processed to completion. The bill repeals the
requirement for the State Department of Conservation to
review the performance of the lot line adjustment statute
in its 2008 Williamson Act Status Report.
Comment
The cold war continues . Even with the Department of
Conservation's February 2009 review of the Williamson Act's
lot line adjustments, there's no agreement on how to revise
the statutory language to avoid conflicting
interpretations. Resolving the current stalemate will
require more political leadership than seems to be
available. Until then, the parties are willing to postpone
the sunset date so that the discussions can continue.
Assembly Actions
Assembly Agriculture Committee: 7-0
Assembly Local Government Committee: 9-0
Assembly Floor: 76-0
Support and Opposition (6/10/10)
Support : Unknown.
Opposition : Unknown.