Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1729

Introduced by Assembly Member Logue

February 14, 2014

begin delete An act to amend Section 51240 of the Government Code, relating to local government. end delete begin insert An act to amend Section 16148 of the Government Code, relating to local government, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1729, as amended, Logue. begin delete Local government: agricultural land. end delete begin insert Local government: agricultural land: subvention payments. end insert

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The Williamson Act authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Other existing law sets forth procedures for payments to reimburse cities and counties for property tax revenues not received as a result of these contracts.

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This bill would appropriate $40,000,000 to the Controller from the General Fund for the 2014-15 fiscal year to make subvention payments to counties to reimburse counties for property tax revenues not received as a result of these contracts. The bill would make legislative findings and declarations related to the preservation of agricultural land.

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Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, for purposes of preserving agricultural land within the state. Existing law authorizes a city or a county, for this purpose, to contract with a landowner to limit the use of agricultural land located in an agricultural preserve designated by the city or county.

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This bill would make technical, nonsubstantive changes to the authorization provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The preservation of our limited supply of agricultural land
helps to protect the state’s economic resources, not only for the
maintenance of the agricultural economy of the state, but also for
the assurance of the adequate, healthful, and nutritious food for
future residents of this state and nation.

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(b) The discouragement of premature and unnecessary
conversion of agricultural land to urban uses is a matter of public
interest and benefits to urban residents because it discourages
noncontiguous urban development patterns that increase the cost
of community services and vehicle miles traveled.

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(c) The preservation of agricultural lands as open space is also
a public benefit, and the agricultural production on such lands
constitutes an important physical, social, aesthetic, and economic
asset to existing future residents of the state.

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(d) The preservation of agricultural land within scenic highway
corridors and wildlife habitat areas is also of great value to the
state because of its scenic beauty and as habitat for wildlife that
contributes to biological diversity.

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(e) Recent research found that an acre of urban land emits 70
times more greenhouse gas emissions than an acre of irrigated
cropland. The Williamson Act helps to keep farmland and open
space from converting to urban use.

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(f) The open-space subvention program is crucial not only to
counties’ continued participation in the program, but also to the
state’s continued role in overseeing California’s most important
land conservation program.

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begin insert SEC. 2. end insert   

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begin insert Section 16148 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

16148.  

begin delete Zero dollars ($0) end delete begin insert Forty million dollars ($40,000,000) end insert
is appropriated for the begin delete 2010-11 end delete begin insert 2014-15 end insert fiscal year from the
General Fund to the Controller to make subvention payments to
counties pursuant to Section 16140 in proportion to the losses
incurred by those counties by reason of the reduction of assessed
property taxes.

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SECTION 1.  

Section 51240 of the Government Code is
amended to read:

51240.  

A city or county may by contract limit the use of
agricultural land to preserve the land pursuant to the conditions
set forth in the contract and in this chapter. A contract may provide
for restrictions, terms, and conditions, including payments and
fees, more restrictive than or in addition to those required by this
chapter.

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