BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2680|
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THIRD READING
Bill No: AB 2680
Author: Assembly Agriculture Committee
Amended: 6/19/12 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 8-0, 6/13/12
AYES: Wolk, Dutton, DeSaulnier, Fuller, Hernandez, Kehoe,
La Malfa, Liu
ASSEMBLY FLOOR : 77-0, 5/21/12 - See last page for vote
SUBJECT : Agricultural land: Williamson Act: lot line
adjustments:
contracts
SOURCE : Author
DIGEST : This bill removes the sunset clause from
Williamson Act lot line adjustment. Lot line adjustments
are allowed when agreed upon by a city or county and a
landowner, to rescind a Williamson Act contract and
simultaneously enter into a new contract to facilitate lot
line adjustments.
ANALYSIS : Existing law authorizes landowners, subject to
the Williamson Act, to seek approval for lot line changes
without having to utilize the Act's nonrenewal or
cancellation provisions and pay cancellation fees. The
authorization sunsets on January 1, 2013.
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AB 2680
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This bill deletes the January 1, 2013 sunset date.
Comments
According to the author, "�t]he 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originally enacted in 1990 with the intention of validating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. It may be time to remove
the sunset clause as the Legislature has had a chance to
review this policy four times."
Related and Prior Legislation
AB 2351 (Gordon, 2011) requires a landowner wishing to
cancel an Act contract to pay a refundable 5% cancellation
fee.
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 an Act contract to facilitate a lot line
adjustment.
AB 1441 (Assembly Agriculture Committee, 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 an 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
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AB 2680
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3
of Act contracts, and made adjustments to provisions of the
Act dealing with contract rescissions, open space and
agricultural easements. It also extended the automatic
termination date from January 1, 2009, to January 1, 2010,
in the state law that permits local officials to rescind an
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 an
Act contract to facilitate a lot line adjustment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 77-0, 5/21/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Fletcher, Roger Hern�ndez, Perea
AGB:m 6/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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