BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2680
                                                                  Page  1

          Date of Hearing:   April 25, 2012

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
                 AB 2680 (Agriculture) - As Amended:  April 19, 2012
           
           SUBJECT:  Agricultural land: Williamson Act: lot lines: 
          contracts.

           SUMMARY  :  This bill extends the authorization, from January 1, 
          2013, to January 1, 2017, when agreed upon by a city or county 
          and a landowner, to rescind a Williamson Act (Act) contract and 
          simultaneously enter into a new contract to facilitate lot line 
          adjustments.

           EXISTING LAW  authorizes owners of land subject to the Act to 
          seek approval for lot line changes without having to utilize the 
          Act's nonrenewal or cancellation provisions and pay cancellation 
          fees.  This authorization will sunset on January 1, 2013.

           FISCAL EFFECT  :  This bill is keyed non-fiscal by legislative 
          counsel.

           COMMENTS  :  The provisions of AB 2680 were originally enacted in 
          1990 with the intention of validating and opening rules for lot 
          line adjustments involving the Act's contract and non-contract 
          lands when some of the land was being removed from the Act, when 
          there is no other existing statutory authority.  In 1999, these 
          provisions were changed to include all Act lands going through 
          lot line adjustments.  These provisions will expire on January 
          1, 2013.  

          The Act's use of the phrase, "to facilitate a lot line 
          adjustment," as it relates to lot line adjustment, led some to 
          believe this section was optional, rather than required, even 
          when no non-Act lands were involved.  This issue has been the 
          subject of discussion among stakeholders over the past several 
          years.  To date there has been no agreement.  The Act lot line 
          adjustments sunset has been extended four times since 2004.  
          This bill does not deal with the lot line adjustment issue.

           PREVIOUS LEGISLATION  :  AB 1965 (Yamada), Chapter 60, Statutes of 
          2010, extended the automatic termination date from January 1, 
          2011, to January 1, 2013, in the state law that permits local 
          officials to rescind a Williamson Act contract to facilitate a 








                                                                  AB 2680
                                                                  Page  2

          lot line adjustment.

          AB 1441 (Agriculture), Chapter 148, Statutes of 2009, extended 
          the automatic termination date from January 1, 2010, to January 
          1, 2011, in the state law that permits local officials to 
          rescind a Williamson Act contract to facilitate a lot line 
          adjustment.

          AB 2921 (Laird), Chapter 503, Statutes of 2008, expanded and 
          clarified statutory procedures for the Department Of 
          Conservation to identify and respond to material breaches of 
          Williamson Act contracts, and made adjustments to provisions of 
          the Act dealing with contract rescissions, open space and 
          agricultural easements.  This bill also extended the automatic 
          termination date from January 1, 2009, to January 1, 2010, in 
          the state law that permits local officials to rescind a 
          Williamson Act contract to facilitate a lot line adjustment.

          AB 1492 (Laird) Chapter 694, Statutes of 2003, along with other 
          changes to the Act, extended the automatic termination date from 
          January 1, 2004, to January 1, 2009, in the state law that 
          permits local officials to rescind a Williamson Act contract to 
          facilitate a lot line adjustment.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Victor Francovich / AGRI. / (916) 
          319-2084