BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1965|
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CONSENT
Bill No: AB 1965
Author: Yamada (D)
Amended: 4/13/10 in Assembly
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 4-0, 6/16/10
AYES: Aanestad, Kehoe, DeSaulnier, Price
NO VOTE RECORDED: Cox
ASSEMBLY FLOOR : 76-0, 5/13/10 - See last page for vote
SUBJECT : Agricultural land: lot line adjustments:
contacts
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS : 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
CONTINUED
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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.
Background
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, Chapter 495, Statutes of 1997). The 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)
? 2009 (AB 1492, Laird, Chapter 694, Statutes of
2003)
? 2010 (AB 2921, Laird, Chapter 503, Statutes of
2008)
Because the Department's evaluation wasn't ready, the
Legislature extended the sunset date to January 1, 2011 (AB
1441, Assembly Agriculture Committee, Chapter 148, Statutes
of 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 counties and landowners read the
law. Discussions over how to clarify the lot line
adjustment provisions have stalled.
This bill 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. This bill
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
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review the performance of the lot line adjustment statute
in its 2008 Williamson Act Status Report.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Norby, Skinner
AGB:nl 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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