BILL ANALYSIS
AB 1505
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Date of Hearing: April 14, 1999
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Alan Lowenthal, Chair
AB 1505 (Ducheny) - As Amended: April 8, 1999
SUBJECT : Farmworker Housing
SUMMARY : Increases exemptions from the California Environmental
Quality Act (CEQA) as they apply to development of farm worker
housing. Exempts farm worker housing from local zoning
requirements. Specifically, this bill :
1)Permits an owner of land subject to the Williamson Act to
grant up to five acres of that land to a nonprofit
organization or municipal corporation for the exclusive
purpose of constructing or rehabilitating farm worker housing
and cancels the contract that requires the land to be subject
to the restrictions of the Williamson Act.
2)Specifies that the entity transferring title of agricultural
land and the receiving entity accepting title of transferred
land shall not be liable for any back taxes, liens, or
cancellation of fees that would otherwise have been imposed
pursuant to the Williamson Act.
3)Eliminates requirement for compliance with local zoning
designations if the project consists of 100 units or less on
urbanized land or 50 units or less on nonurbanized land or is
housing fewer than 100 or 50 farm workers respectively.
4)Expands CEQA exemptions of specified farm worker housing
projects.
EXISTING LAW: Authorizes any city or county to enter into a
contract with the owner of agricultural land for the purposes of
preserving that land for agricultural use by providing tax
breaks under the Williamson Act. The Act allows the development
of farm worker housing with continued tax breaks. Current law
also provides that land subdivided under the Williamson Act is
subject to the same contractual obligations that it was prior to
its subdivision unless the contract is cancelled by the local
governing board.
Specifies that farm worker housing projects that consist of not
AB 1505
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more than 45 units and up to 45 farm workers in an urban area or
that consists of not more than 20 units and up to 20 workers in
a nonurban area are exempt from CEQA.
Requires farm worker housing projects to be consistent with
local the zoning designation to qualify for a CEQA exemption.
FISCAL EFFECT : Unknown
COMMENTS : The Williamson Act is designed to preserve
agricultural land for specific purposes. Farm worker housing is
an appropriate and compatible agricultural use, as defined in
the Act. The reason for the bill, therefore, is a relief from
local zoning ordinances and CEQA. According to the author's
office, many proposed projects have been denied at the local
level.
Supporters of the bill argue that farm worker housing should be
exempt from CEQA because they feel that local governments have
used the CEQA process to deny the construction of farm worker
housing based on a negative perception of farm workers. They
cite several newspaper articles to prove their point and believe
this change is needed to stop the "NIMBY" (not in my backyard)
syndrome.
Questions for the Committee to conside r:
This bill allows a landowner to convey a title of a portion of
land to a nonprofit organization or a municipal corporation. A
definition of a municipal corporation is not offered, nor has
the author's office indicated what they intend by this language.
Should it be eliminated?
Farm workers and their families that will reside in these
housing units will require services. Will AB 1505 facilitate
growth in agricultural areas with increased infrastructure
requirements such as schools and retail outlets?
Should the Legislature remove the discretion of local officials
to make local zoning decisions?
This bill has been double referred to the Natural Resources
Committee.
REGISTERED SUPPORT / OPPOSITION :
AB 1505
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Support
Bank of America
California Catholic Conference
California Manufactured Housing Institute
Western Center on Law and Poverty
Western Growers Association
Opposition
League of California Cities
Sierra Club
Analysis Prepared by: Patrick O' Donnell / H. & C.D. /
(916)319-2085