BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 2680 HEARING: 6/13/12
AUTHOR: Committee on Agriculture FISCAL: No
VERSION: 4/19/12 TAX LEVY: No
CONSULTANT: Lui
WILLIAMSON ACT CONTRACTS
Extends, until January 1, 2017, the authorization for a
city or county and landowner to rescind a Williamson Act
contract and simultaneously enter into a new contract to
facilitate a lot line adjustment.
Background and Existing Law
The Subdivision Map Act controls how cities and counties
review and approve the subdivision of large properties into
marketable parcels. Lot line adjustments are intended to
provide flexibility for minor alteration of existing
parcels or improved lot design. 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 system that involves voluntary
contracts that enforceably restrict land uses, reduced
property tax assessments, and state subventions to make up
for the lost revenues. Land subject to a Williamson Act
contract can't be subdivided into parcels that are too
small to sustain their agricultural use.
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, 1997). The statute would have automatically
terminated on January 1, 2003, but the Legislature extended
the sunset date to:
2004 (SB 1864, Costa, 2002).
2009 (AB 1492, Laird, 2003).
2010 (AB 2921, Laird, 2008).
AB 2680 -- 4/19/12 -- Page 2
2011 (AB 1441, Assembly Agriculture Committee,
2009).
2013 (AB 1965, Yamada, 2010).
Some counties and landowners have interpreted the findings
requirement differently for Act lands and non-Act lands.
Discussions over how to clarify the lot line adjustment
provisions have stalled.
Proposed Law
Assembly Bill 2680 extends, from January 1, 2013 to January
1, 2017, the automatic termination date in state law that
permits local officials to rescind a Williamson Act
contract and simultaneously enter into a new contract or
contracts to facilitate a lot line adjustment.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Since 2003, the Legislature has
incrementally pushed back the section's automatic
termination date. According to the author, the Act's
phrase, "to facilitate a lot-line adjustment" led some to
believe that this section was optional, rather than
required, even when no non-Act lands were involved. With
no agreement on how to revise the statutory language to
avoid conflicting interpretations, the Act's lot line
adjustment sunset has simply been extended.
2. Kicking the can down the road . AB 2680 does not
address the lot line adjustment issue but simply extends
current law. Because this section of law has been proven
to be useful and necessary for local governments, the
Committee may wish to consider repealing the termination
date and letting this section stand without sunset.
Assembly Actions
Assembly Agriculture: 9-0
Assembly Local Government: 9-0
AB 2680 -- 4/19/12 -- Page 3
Assembly Floor: 77-0
Support and Opposition (6/7/12)
Support : Unknown.
Opposition : Unknown.