Bill Text: CA AB925 | 2017-2018 | Regular Session | Amended
Bill Title: Williamson Act: farmland security and conservation zones.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB925 Detail]
Download: California-2017-AB925-Amended.html
Amended
IN
Assembly
March 29, 2017 |
Assembly Bill | No. 925 |
Introduced by Assembly Member Frazier |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, if the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land under specified law, would additionally require that the contract require the owner to provide additional
public benefits as consideration for that additional tax relief.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 8 (commencing with Section 51297.100) is added to Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code, to read:Article 8. Farmland Security and Conservation Zones
51297.100.
The Legislature finds and declares that it is desirable to further expand options available to landowners for the preservation of agricultural land. It is therefore the intent of the Legislature in enacting this article to encourage the creation of longer term voluntary enforceable restrictions within agricultural preserves.51297.101.
A landowner or group of landowners may petition the board to rescind a contract or contracts entered into pursuant to this chapter in order to simultaneously place the land subject to that contract or those contracts under a new contract designating the property as a farmland security and conservation zone. A landowner or group of landowners may also petition the board to create a farmland security and conservation zone for the purpose of entering into farmland security and conservation zone contracts pursuant to this section.51297.102.
Both of the following shall apply to land within a designated farmland security and conservation zone:51297.103.
Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security and conservation zone to a city. However, this subdivision shall not apply under any of the following circumstances:51297.104.
Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security and conservation zone to a special district that provides or would provide sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the special district benefit land uses that are allowed under the contract and the landowner consents to the change of organization or reorganization.51297.105.
Notwithstanding Article 5 (commencing with Section 53090) of Chapter 1 of Division 2 of Title 5, a school district shall not render inapplicable a county zoning ordinance to the use of land by the school district if the land is within a designated farmland security and conservation zone.51297.106.
Notwithstanding any other law, a school district shall not acquire any land that is within a designated farmland security and conservation zone.51297.107.
The board shall not approve any use of land within a designated farmland security and conservation zone based on the compatible use provisions contained in subdivision (c) of Section 51238.1.51297.108.
(a) This article shall only apply to land that is designated on the Important Farmland Series maps, prepared pursuant to Section 65570 as predominantly one or more of the following:51297.109.
Nonrenewal of a farmland security and conservation zone contract shall be pursuant to Article 3 (commencing with Section 51240), except as otherwise provided in this article.51297.110.
A petition for cancellation of a farmland security and conservation zone contract created under this article may be filed only by the landowner with the city or county within which the contracted land is located. The city or county may grant a petition only in accordance with the procedures provided for in Article 5 (commencing with Section 51280) and only if all the following requirements are met:51297.111.
All of the provisions of Article 6 (commencing with Section 51290) shall apply to farmland security and conservation zones created pursuant to this article except as specifically provided in this article.51297.112.
No state agency, as defined in Section 65934, or local agency, as defined in Section 65930, shall require any land to be placed under a farmland security and conservation zone contract as a condition of the issuance of any entitlement to use or the approval of a legislative or adjudicative act involving, but not limited to, the planning, use, or development of real property, or a change of organization or reorganization, as defined in Section 56021 or 56073. No contract shall be executed as a condition of an entitlement to use issued by an agency of the United States government.51297.113.
Sections 51297.103 and 51297.104 shall not apply during the three-year period preceding the termination of a farmland security and conservation zone contract.51297.114.
Nothing in this article shall be construed to limit the authority of a board to rescind a portion or portions of a Williamson Act contract or contracts for the purpose of immediately enrolling the land in a farmland security and conservation zone contract so long as the remaining land is retained in a Williamson Act contract and the board determines that its action would improve the conservation of agricultural land within the county where the rescission occurs. The creation of multiple contracts under this section does not constitute a subdivision of the land.SEC. 2.
Section 423.45 is added to the Revenue and Taxation Code, to read:423.45.
(a) Land subject to a farmland security and conservation zone contract for a term of 30 years pursuant to Section 51297.101 of the Government Code shall be valued for assessment purposes at 62 percent of the value under Section 423 or 65 percent of the value under Section 110.1, whichever is lower.Every contract shall do all of the following:
(a)Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.
(b)Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract,
including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.
(c)If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as
consideration for that additional tax relief.