BILL NUMBER: AB 2530 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 19, 2010
An act to amend Section 51239 of Sections
16142, 1 6142.1, and 51244 of, and to add and repeal
Section 51244.3 of, the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2530, as amended, Nielsen. Local government: Williamson Act:
agricultural preserves: advisory board.
contracts.
Existing law, the Williamson Act, authorizes a city or county to
enter into 10-year contracts to establish
agricultural preserves. Existing law also authorizes the legislative
body of a city or county to appoint an advisory board to advise the
board on agricultural preserve matters with owners of
land devoted to agricultural use, whereby the owners agree to
continue using the property for that purpose, and the city or county
agrees to value the land accordingly for purposes of property
taxation. Existing law sets forth procedures for reimbursing cities
and counties for property tax revenues not received as a result of
these contracts .
This bill would specify matters on which the advisory board may
advise the legislative body of a county or city. This bill would also
state that the advisory board is not the exclusive mechanism through
which the legislative body can receive advice on or address matters
regarding agricultural preserves.
This bill would, beginning January 1, 2011, and until January 1,
2017, authorize a county, in any fiscal year in which payments
authorized for reimbursement to a county for lost revenue is less
than 1/2 of the participating county's actual foregone general fund
property tax revenue, to revise the term for new contracts and
require the assessor to revalue the property, as specified, based on
the new contract. The bill would provide that a landowner may choose
to nonrenew and begin the cancellation process. The bill would also
provide that any increased revenues generated by properties under a
new contract shall be paid to the county general fund in the
percentage representing the statewide average general property tax
dollars received by county governments for that fiscal year, or not
to exceed 20%, whichever is higher.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16142 of the
Government Code is amended to read:
16142. (a) The Secretary of the Resources Agency shall direct the
Controller to pay annually out of the funds appropriated by Section
16140, to each eligible county, city, or city and county, the
following amounts for each acre of land within its regulatory
jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4,
or 423.5, or 426 if it was previously assessed under Section 423.4,
of the Revenue and Taxation Code:
(1) Five dollars ($5) for prime agricultural land, as defined in
Section 51201.
(2) One dollar ($1) for all land, other than prime agricultural
land, which is devoted to open-space uses of statewide significance,
as defined in Section 16143.
(b) The amount per acre in paragraph (1) of subdivision (a) may be
increased by the Secretary of the Resources Agency to a figure which
would offset any savings due to a more restrictive determination by
the secretary as to what land is devoted to open-space use of
statewide significance.
(c) The amount per acre in subdivision (a) shall only be paid for
10 years from the date that the land was first assessed pursuant to
Section 426 of the Revenue and Taxation Code, if it was previously
assessed under Section 423.4 of that code.
(d) Notwithstanding any other provision of law, for the 2008-09
fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payment made pursuant to this
subdivision section .
(e) (1) Effective January 1, 2011, if the payment pursuant to this
section for the previous fiscal year is less than one-half of the
participating county's actual foregone general fund property tax
revenue, the county may implement subdivision (b) of Section 51244
and Section 51244.3. The implementation of these sections shall be
suspended for any subsequent fiscal year in which the payment for the
previous fiscal year exceeds one-half of the foregone general fund
property tax revenue.
(2) This subdivision shall remain operative only until January 1,
2017.
SEC. 2. Section 16142.1 of the
Government Code is amended to read:
16142.1. (a) In lieu of the payments made pursuant to Section
16142, in a county that has adopted farmland security zones pursuant
to Section 51296, the Secretary of the Resources Agency shall direct
the Controller to pay annually out of the funds appropriated by
Section 16140, to each eligible county, city, or city and county, the
following amount for each acre of land within its regulatory
jurisdiction that is assessed pursuant to Section 423.4 or 426 of the
Revenue and Taxation Code, if it was previously assessed under
Section 423.4 of that code:
Eight dollars ($8) for land that is within, or within three miles
of the boundaries of the sphere of influence of, each incorporated
city.
(b) The amount per acre in subdivision (a) shall only be paid for
10 years from the date that the land was first assessed pursuant to
Section 426 of the Revenue and Taxation Code, if it was previously
assessed under Section 423.4 of that code. The appropriation
authorized by this subdivision shall not exceed one hundred thousand
dollars ($100,000) per year until 2005.
(c) Notwithstanding any other provision of law, for the 2008-09
fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payments made pursuant to this
subdivision section .
(d) (1) Effective January 1, 2011, if the payment pursuant to this
section for the previous fiscal year is less than one-half of the
participating county's actual foregone general fund property tax
revenue, the county may implement subdivision (b) of Section 51244
and Section 51244.3. The implementation of these sections shall be
suspended for any subsequent fiscal year in which the payment for the
previous fiscal year exceeds one-half of the foregone general fund
property tax revenue.
(2) This subdivision shall remain operative only until January 1,
2017.
SEC. 3. Section 51244 of the Government
Code is amended to read:
51244. (a) Each contract shall be for an
initial term of no less than 10 years. Each contract shall provide
that on the anniversary date of the contract or such other annual
date as specified by the contract a year shall be added automatically
to the initial term unless notice of nonrenewal is given as provided
in Section 51245.
(b) (1) If the county makes a determination pursuant to
subdivision (e) of Section 16142 or subdivision (d) of Section
16142.1, contracts shall be for a term of no less than nine years for
contracts currently 10 years in length or 18 years for contracts
currently 20 years in length as the case may be. Each contract shall
provide, except in the initial year of the determination, that on the
anniversary date of the contract or such other annual date as
specified by the contract, a year shall be added automatically to the
initial term unless notice of nonrenewal is given as provided in
Section 51245.
In any year in which increased revenue pursuant to Section 51244.3
does not occur, two additional years shall be added to the contract
on the next anniversary date to restore the contract to its full 10
year or 20-year contract length.
(2) The assessor shall revalue the property based on either a
nine-year or 18-year contract term as the case may be based on the
original contract term.
(3) A landowner may elect to serve notice of nonrenewal instead of
accepting a nine-year or 18-year contract, as the case may be. In
that case, the assessor shall not revalue the property as provided
for in paragraph (2).
(4) In addition to any other notice requirements, a county shall
provide a landowner under contract timely written notice of all of
the following:
(A) Any hearing by the county on a proposal to adopt or rescind
the implementation of this section.
(B) Any final decision regarding the adoption or rescission of
implementation of this section.
(C) The landowner's right to prevent the amendment of his or her
contract pursuant to this section by serving notice of nonrenewal as
specified by Section 51245. A county shall not modify or revalue a
landowner's contract pursuant to this section unless the landowner is
given at least 90 days notice of the opportunity to prevent the
modification and revaluation by serving notice of nonrenewal and the
landowner fails to serve notice of nonrenewal. A landowner shall be
advised of the landowner's right to avoid continued imposition of
this section in any future year by serving a notice of nonrenewal for
that contract year. Failure of the landowner to serve timely notice
of nonrenewal in any year shall be considered implied consent to the
implementation of this section for that year.
(5) The increased valuation of the property pursuant to paragraph
(2) shall be 10 percent of the difference between the valuation
pursuant to Section 423, 423.3, or 423.5 of the Revenue and Taxation
Code, and the valuation under Section 110.1 of the Revenue and
Taxation Code. If the valuation under Section 110.1 is lower, there
shall be no revaluation.
(6) This subdivision shall not apply to any of the following:
(A) Contracts that have been nonrenewed.
(B) Contracts with cities.
(C) Open-space or agricultural easements.
(D) Scenic restrictions.
(E) Wildlife habitat contracts.
(7) This subdivision shall remain operative only until January 1,
2017.
SEC. 4. Section 51244.3 is added to the
Government Code , to read:
51244.3. (a) This section shall apply to properties under a
nine-year or 18-year contract, as the case may be, pursuant to
subdivision (b) of Section 51244. Increased revenues generated by
those properties shall be paid to the county general fund in the
percentage representing the statewide average general property tax
dollars received by county governments for that fiscal year, or not
to exceed 20 percent, whichever is higher.
(b) This section shall only apply if the county makes a
determination pursuant to either Section 16142 or Section 16142.1.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SECTION 1. Section 51239 of the Government Code
is amended to read:
51239. The board or council may appoint an advisory board, the
members of which shall serve at the pleasure of the board or council
and may be paid their expenses. The advisory board shall advise the
board or council on the administration of the agricultural preserves
in the county or city and on any matters relating to contracts
entered into pursuant to this chapter, including, but not limited to,
program benefits, costs, amendments, and landowner participation.
This section shall not be construed to be the exclusive manner in
which the board or council may address agricultural preserve matters
or receive advice regarding agricultural preserve matters.