BILL ANALYSIS �
AB 1266
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1266 (Nielsen) - As Introduced: February 18, 2011
SUBJECT : Local government: Williamson Act: agricultural
preserves: advisory board.
SUMMARY : Specifies matters on which Williamson Act advisory
boards may advise the legislative body of a city or county.
Specifically, this bill :
1)Authorizes an advisory board, in addition to advising on the
administration of the agricultural preserves in the county or
city, to advise the city or county on any matters relating to
Williamson Act contracts, including, but not limited to, the
following:
a) Program benefits;
b) Costs;
c) Amendments; and,
d) Landowner participation.
2)States that the advisory board process is not the only means
by which a board of supervisors (board) or city council
(council) may address agricultural preserve matters or receive
advice regarding agricultural preserve matters.
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
AB 1266
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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
Protection in the Department of Conservation administers the
Act.
3)Authorizes a board or council to appoint an advisory board,
the members of which shall serve at the pleasure of the board
or council and may be paid their expenses.
4)Requires the advisory board to 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 the Williamson Act.
FISCAL EFFECT : None
COMMENTS :
1)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.
2)According to the author's office, AB 1266 is intended to serve
as a road map for counties who opt to use the advisory
committees. The advisory committees have been in the
Williamson Act since 1969 and a brief study in the 1990s found
approximately half of Williamson Act counties had some kind of
advisory committee. According to the author, this bill is
intended to make counties more comfortable with using them as
a tool to help deal with current problems. The bill spells
out certain issues that a Williamson Act advisory committee
might help a county address with its Williamson Act contract
holders, but is not limited to them.
3)Support arguments: Supporters state that the bill provides
illustrative examples of some of the subvention related
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problems that a local advisory committee could address.
Opposition arguments: Opposition could argue given the
substantial cuts to Williamson Act funding over the last few
years that beefing up the role of an advisory committee may be
too small of a step to truly impact the necessary changes that
will be needed at the local level to figure out the next steps
to Williamson Act contracts.
4)The bill is double-referred to the Committee on Agriculture.
REGISTERED SUPPORT / OPPOSITION :
Support
Resource Landowners Coalition
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958