BILL NUMBER: SB 715 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2009
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Yamada)
(Coauthors: Assembly Members Arambula, Chesbro, and Galgiani)
FEBRUARY 27, 2009
An act to amend Section 51201 of, and to add Sections 51247.5 and
66474.5 to, the Government Code, and to amend Section 426 of the
Revenue and Taxation Code, relating to agricultural land.
LEGISLATIVE COUNSEL'S DIGEST
SB 715, as amended, Wolk. Agricultural land: Williamson Act.
(1) For purposes of the Williamson Act, a landowner is required to
furnish the city or county with any information that the city or
county requires in order to enable that city or county to determine
the eligibility of land involved in a contract. The act defines
"agricultural use" to mean the use of land, including, but not
limited to, greenhouses, for the purpose of producing an agricultural
commodity for commercial purposes, and "agricultural commodity" to
mean any and all plant and animal products produced in this state for
commercial purposes, including, but not limited to, plant products
used for producing biofuels.
This bill would authorize the board of supervisors of a county to
require the county assessor to send an annual survey to verify
continuous agricultural income from one or more agricultural uses or
agricultural commodities, in the form the board prescribes, to all
owners of land under a contract, and would require the owner or
owners to return the completed survey to the assessor within 60 days.
The bill would define "agricultural income" to mean
continuous income derived from either an agricultural use or an
agricultural commodity, or both.
(2) Existing law requires the legislative body of a city or county
to deny approval of a tentative map, or a parcel map for which a
tentative map was not required, if it finds that either the resulting
parcels following a subdivision of that land would be too small to
sustain their agricultural use, or the subdivision will result in
residential development not incidental to the commercial agricultural
use of the land, where the land is subject to, among others, a
contract entered into pursuant to the Williamson Act.
This bill would require the legislative body of a city or county
to deny approval of a tentative map, or parcel map for which a
tentative map is not required, for the proposed subdivision of land
that is subject to a contract entered into pursuant to the Williamson
Act, unless the legislative body finds, among other things, that
the proposed subdivision will be consistent with the
purposes of that act, each resulting parcel of land will be
consistent with the local rules relating to that act, and
the approval of the proposed subdivision does not compromise the
long-term commercial agricultural use or open-space use
each resulting parcel of land has an existing commercial
agricultural use, an open-space use, or both, the agricultural
improvements necessary to sustain a commercial agricultural use, an
open-space use, or both, or a feasible plan exists for
achieving those improvements, if necessary , as specified. The
bill would also authorize the legislative body to impose any
reasonable and necessary restrictions on the residential use of any
resulting parcel.
(3) Under existing law, if a city or ,
county , or nonprofit organizatio n serves written
notice of nonrenewal of an open-space easement contract, a Williamson
Act contract, or a farmland security zone contract, with 6
or fewer years remaining on the contract upon the landowner,
and the landowner makes a fails to
provide written notice of protest, the board of supervisors or
the assessor is required to follow specified steps in assessing the
annual value of the land until the contract term expires
immediately .
This bill would instead provide that if a city or
, county , or nonprofit organization
serves written notice of nonrenewal for cause, as defined,
of an open-space easement contract, a Williamson Act contract, or a
farmland security zone contract, or the city or county serves
notice of nonrenewal and the landowner makes a
fails to provide written notice of protest, the
board of supervisors or the assessor is required to follow specified
steps in assessing the annual value of the land until the
contract term expires, beginning no later than one year after the
date of the notice of nonrenewal immediately .
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 51201 of the Government Code is amended to
read:
51201. As used in this chapter, unless otherwise apparent from
the context, the following terms have the following meanings:
(a) "Agricultural commodity" means any and all plant and animal
products produced in this state for commercial purposes, including,
but not limited to, plant products used for producing biofuels.
(b) "Agricultural use" means use of land, including, but not
limited to, greenhouses, for the purpose of producing an agricultural
commodity for commercial purposes.
(c) "Prime agricultural land" means any of the following:
(1) All land that qualifies for rating as class I or class II in
the Natural Resource Conservation Service land use capability
classifications.
(2) Land which qualifies for rating 80 through 100 in the Storie
Index Rating.
(3) Land which supports livestock used for the production of food
and fiber and which has an annual carrying capacity equivalent to at
least one animal unit per acre as defined by the United States
Department of Agriculture.
(4) Land planted with fruit- or nut-bearing trees, vines, bushes,
or crops which have a nonbearing period of less than five years and
which will normally return during the commercial bearing period on an
annual basis from the production of unprocessed agricultural plant
production not less than two hundred dollars ($200) per acre.
(5) Land which has returned from the production of unprocessed
agricultural plant products an annual gross value of not less than
two hundred dollars ($200) per acre for three of the previous five
years.
(d) "Agricultural preserve" means an area devoted to either
agricultural use, as defined in subdivision (b), recreational use as
defined in subdivision (n), or open-space use as defined in
subdivision (o), or any combination of those uses and which is
established in accordance with the provisions of this chapter.
(e) "Compatible use" is any use determined by the county or city
administering the preserve pursuant to Section 51231, 51238, or
51238.1 or by this act to be compatible with the agricultural,
recreational, or open-space use of land within the preserve and
subject to contract. "Compatible use" includes agricultural use,
recreational use or open-space use unless the board or council finds
after notice and hearing that the use is not compatible with the
agricultural, recreational or open-space use to which the land is
restricted by contract pursuant to this chapter.
(f) "Board" means the board of supervisors of a county which
establishes or proposes to establish an agricultural preserve or
which enters or proposes to enter into a contract on land within an
agricultural preserve pursuant to this chapter.
(g) "Council" means the city council of a city which establishes
or proposes to establish an agricultural preserve or which enters or
proposes to enter into a contract on land within an agricultural
preserve pursuant to this chapter.
(h) Except where it is otherwise apparent from the context,
"county" or "city" means the county or city having jurisdiction over
the land.
(i) A "scenic highway corridor" is an area adjacent to, and within
view of, the right-of-way of:
(1) An existing or proposed state scenic highway in the state
scenic highway system established by the Legislature pursuant to
Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1
of the Streets and Highways Code and which has been officially
designated by the Department of Transportation as an official state
scenic highway; or
(2) A county scenic highway established pursuant to Article 2.5
(commencing with Section 260) of Chapter 2 of Division 1 of the
Streets and Highways Code, if each of the following conditions have
been met:
(A) The scenic highway is included in an adopted general plan of
the county or city; and
(B) The scenic highway corridor is included in an adopted specific
plan of the county or city; and
(C) Specific proposals for implementing the plan, including
regulation of land use, have been approved by the Advisory Committee
on a Master Plan for Scenic Highways, and the county or city highway
has been officially designated by the Department of Transportation as
an official county scenic highway.
(j) A "wildlife habitat area" is a land or water area designated
by a board or council, after consulting with and considering the
recommendation of the Department of Fish and Game, as an area of
importance for the protection or enhancement of the wildlife
resources of the state.
(k) A "saltpond" is an area which, for at least three consecutive
years immediately prior to being placed within an agricultural
preserve pursuant to this chapter, has been used for the solar
evaporation of seawater in the course of salt production for
commercial purposes.
(l) A "managed wetland area" is an area, which may be an area
diked off from the ocean or any bay, river or stream to which water
is occasionally admitted, and which, for at least three consecutive
years immediately prior to being placed within an agricultural
preserve pursuant to this chapter, was used and maintained as a
waterfowl hunting preserve or game refuge or for agricultural
purposes.
(m) A "submerged area" is any land determined by the board or
council to be submerged or subject to tidal action and found by the
board or council to be of great value to the state as open space.
(n) "Recreational use" is the use of land in its agricultural or
natural state by the public, with or without charge, for any of the
following: walking, hiking, picnicking, camping, swimming, boating,
fishing, hunting, or other outdoor games or sports for which
facilities are provided for public participation. Any fee charged for
the recreational use of land as defined in this subdivision shall be
in a reasonable amount and shall not have the effect of unduly
limiting its use by the public. Any ancillary structures necessary
for a recreational use shall comply with the provisions of Section
51238.1.
(o) "Open-space use" is the use or maintenance of land in a manner
that preserves its natural characteristics, beauty, or openness for
the benefit and enjoyment of the public, to provide habitat for
wildlife, or for the solar evaporation of seawater in the course of
salt production for commercial purposes, if the land is within:
(1) A scenic highway corridor, as defined in subdivision (i).
(2) A wildlife habitat area, as defined in subdivision (j).
(3) A saltpond, as defined in subdivision (k).
(4) A managed wetland area, as defined in subdivision (l).
(5) A submerged area, as defined in subdivision (m).
(6) An area enrolled in the United States Department of
Agriculture Conservation Reserve Program or Conservation Reserve
Enhancement Program.
(p) "Development" means, as used in Section 51223, the
construction of buildings or the use of the restricted property if
the buildings or use are unrelated to the agricultural use, the
open-space use, or uses compatible with either agricultural or
open-space uses of the property, or substantially impair the
agricultural, open-space, or a combination of the agricultural and
open-space uses of the property. Agricultural use, open-space use,
uses compatible with either agricultural or open-space uses, or the
acquisition of land or an interest in land are not development.
(q) "Agricultural income" means continuous income derived from an
agricultural use, an agricultural commodity, or both.
SEC. 2. Section 51247.5 is added to the Government Code, to read:
51247.5. (a) The board or council may require the county assessor
to send an annual survey to verify continuous agricultural income,
in the form the board prescribes, to all owners of land under a
contract within the county.
(b) Upon receipt of an annual survey sent pursuant to subdivision
(a), the owner or owners of land under a contract shall return the
completed survey within 60 days to the assessor.
SEC. 3. Section 66474.5 is added to the Government Code, to read:
66474.5. (a) In addition to the requirements of Section
66474.4, in the case of the proposed subdivision of land that
is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1 of Title 5), the legislative body of a city
or county shall deny approval of a tentative map, or parcel map for
which a tentative map is not required, unless the legislative body
finds all of the following:
(1) The proposed subdivision is consistent with the purposes of
that act.
(2)
(1) Each resulting parcel of land is consistent with
the contract entered into pursuant to the act.
(3)
(2) Each resulting parcel of land is consistent with
the local rules adopted pursuant to Section 51231.
(4)
(3) Each resulting parcel of land is capable of
sustaining a commercial agricultural use, an open-space use, or both.
(5)
(4) Each resulting parcel of land has an existing
commercial agricultural use or open-space use, or both, the
agricultural improvements necessary to sustain a
commercial agricultural use, an open-space use, or both , or a
feasible plan exists for achieving those improvements, if
necessary .
(6) Each resulting parcel of land meets the productivity and other
requirements for inclusion in a contract entered into pursuant to
the act and the local rules adopted pursuant to Section 51231.
(7) The approval of the proposed subdivision does not compromise
the long-term commercial agricultural use or open-space use of any of
the following:
(A) The land that is the subject of the proposed subdivision.
(B) Any other land within the same agricultural preserve that is
subject to a contract entered into pursuant to the act.
(C) Any other agricultural land or open-space land within the same
agricultural preserve.
(D) Any other adjacent agricultural land or open-space land.
(b) If the legislative body of a city or county makes all of the
findings required by subdivision (a), the legislative body may, to
ensure compliance with the purposes of the act
terms of the contract, the local rules adopted pursuant to
Section 51231, and the provisions of this section , include as
conditions in any tentative map, or parcel map for which a tentative
map is not required, any reasonable and necessary restrictions on
the new residential use of
uses or buildings on any resulting parcel.
(c) As used in this section the following terms have the following
meanings:
(1) "Act" means the California Land Conservation Act of 1965
(Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of
Title 5).
(2) "Agricultural preserve" means an agricultural preserve as
defined by Section 51210.
(3) "Commercial agricultural use" means an agricultural use as
defined by Section 51201.
(4) "Open-space use" means an open-space use as defined in Section
51201.
SEC. 4. Section 426 of the Revenue and Taxation Code is amended to
read:
426. (a) Notwithstanding any provision of Section 423 to the
contrary, if either the county, city, or nonprofit organization or
the owner of land subject to contract, agreement, scenic restriction,
or open-space easement has served notice of nonrenewal as provided
in Section 51091, 51245, or 51296.9 of the Government Code, and the
county assessors assessor shall, unless
the parties shall have subsequently rescinded the contract pursuant
to Section 51254 or 51255 of the Government Code, value the land as
provided in this section.
(b) If the owner of land serves notice of nonrenewal or the
county, city, or nonprofit organization serves notice of nonrenewal
for cause, or the county or city serves notice of nonrenewal
and the owner fails to protest as provided in Section 51091,
51245, or 51296.9 of the Government Code, subdivision (c) shall apply
immediately. If the county, city, or nonprofit organization serves
notice of nonrenewal for any other reason and the owner
does protest as provided in Section 51091, 51245, or 51296 of the
Government Code, subdivision (c) shall apply no later than
one year after the date of the notice of nonrenewal.
when less than six years remain until the termination of
the period for which the land is enforceably restricted. As used in
this subdivision, the term "for cause" means a landowner's documented
failure to comply with any provision of the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1 of Title 5 of the Government Code), any local
uniform rule or ordinance adopted pursuant to that act, or the terms
of any contract entered into pursuant to that act.
(c) Where any of the conditions in subdivision (b) apply, the
board or assessor in each year until the termination of the period
for which the land is enforceably restricted shall do all of the
following:
(1) Determine the value of the land pursuant to Section 110.1. If
the land is not subject to Section 110.1 when the restriction
expires, the value shall be determined pursuant to Section 110 as if
it were free of contractual restriction. If the land will be subject
to a use for which this code provides a special restricted
assessment, the value shall be determined as if it were subject to
the new restriction.
(2) Determine the value of the land by capitalization of income as
provided in Section 423 and without regard to the existence of any
of the conditions in subdivision (b).
(3) Subtract the value determined in paragraph (2) of subdivision
(c) by capitalization of income from the full value determined in
paragraph (1).
(4) Using the rate announced by the board pursuant to paragraph
(1) of subdivision (b) of Section 423, discount the amount obtained
in paragraph (3) for the number of years remaining until the
termination of the contract, agreement, scenic restriction, or
open-space easement.
(5) Determine the value of the land by adding the value determined
by capitalization of income as provided in paragraph (2) and the
value obtained in paragraph (4).
(6) Apply the ratio prescribed in Section 401 to the value of the
land determined in paragraph (5) to obtain its assessed value.