Bill Text: CA AB551 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government: urban agriculture incentive zones.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-09-28 - Chaptered by Secretary of State - Chapter 406, Statutes of 2013. [AB551 Detail]

Download: California-2013-AB551-Amended.html
BILL NUMBER: AB 551	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 9, 2013
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Ting
   (Coauthor: Assembly Member Alejo)

                        FEBRUARY 20, 2013

   An act to add Chapter 6.3 (commencing with Section 51040) to Part
1 of Division 1 of Title 5 of the Government Code, and to amend
Section 402.1 of  , and to add Section 422.7 to,  the
Revenue and Taxation Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 551, as amended, Ting. Local government: urban agriculture
incentive zones.
   (1) Existing law, 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. Existing law
authorizes the parties to a Williamson Act contract to mutually agree
to rescind a contract under the act in order to simultaneously enter
into an open-space easement for a certain period of years.
   This bill would enact the Urban Agriculture Incentive Zones Act
and would authorize, under specified conditions, a county or a city
and county and a landowner to enter into a contract to enforceably
restrict the use of vacant, unimproved, or otherwise blighted lands
for small-scale production of agricultural crops. The bill would
require a contract entered into pursuant to these provisions to,
among other things, be for a term of no less than 5 years and to
enforceably restrict property that is at least 0.10 acres in size.
   (2) Existing law requires the county assessor to consider, when
valuing real property for property taxation purposes, the effect of
any enforceable restrictions to which the use of the land may be
subjected. Under existing law these restrictions include, but are not
limited to, zoning, recorded contracts with governmental agencies,
and various other restrictions imposed by governments.
   This bill would also require the county assessor to consider, when
valuing real property for property taxation purposes, property that
is enforceably restricted by a contract entered into pursuant to the
Urban Agriculture Incentive Zones Act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 6.3 (commencing with Section 51040) is added to
Part 1 of Division 1 of Title 5 of the Government Code, to read:
      CHAPTER 6.3.  URBAN AGRICULTURE INCENTIVE ZONES


   51040.  This chapter shall be known, and may be cited, as the
Urban Agriculture Incentive Zones Act.
   51040.1.  The Legislature finds and declares that it is in the
public interest to promote sustainable urban farm enterprise sectors
in urban centers.
   The Legislature further finds and declares the small-scale, active
production of marketable crops, including, but not limited to,
foods, flowers, and seedlings, in urban centers is consistent with,
and furthers, the purposes of this act.
   51040.3.  For purposes of this chapter, the following terms have
the following meanings:
   (a) "Urban" means an area within the boundaries of an urbanized
area, as that term is used by the United States Census Bureau, that
includes at least 50,000 people.
   (b) "Urban Agriculture Incentive Zone" means an area within a
county or a city and county that is comprised of individual
properties designated as urban agriculture preserves by the county or
the city and county for farming purposes.
   51042.  (a) (1) A county or a city and county may, after a public
hearing, establish by ordinance an Urban Agriculture Incentive Zone
within its boundaries for the purpose of entering into enforceable
contracts with landowners, on a voluntary basis, for the use of
vacant, unimproved, or blighted lands for small-scale production of
agricultural crops.
   (2) A county or a city and county that has established an Urban
Agriculture Incentive Zone within its boundaries may adopt rules and
regulations for the implementation and administration of the Urban
Agriculture Incentive Zone and of contracts related to that Urban
Agriculture Incentive Zone.  The 
    (A)     The  county or city and county
may impose a fee upon contracting landowners for the reasonable
costs of implementing and administering contracts  and the
incentive zone  . 
   (B) The county or city and county may impose a fee upon landowners
for cancellation of any contract as to all or any part of the
subject land. 
   (b) Following the adoption of the ordinance as required by
subdivision (a), a county or a city and county may enter into a
contract with a landowner to enforceably restrict the use of the land
subject to the contract to uses consistent with urban agriculture.
Any contract entered into pursuant to this chapter shall include, but
is not limited to, all of the following provisions:
   (1) An initial term of not less than five years. 
   (2) Either of the following provisions:  
   (A) 
    (2)  A restriction on property that is at least 0.10
acres  and no more than 3.0 acres in size  .

   (B) A restriction on property that is larger than 3.0 acres in
size if, prior to entering into the contract, the board of
supervisors makes a determination that the agricultural development
of the property would result in a net increase in revenue to the
county, or city and county, resulting from an increase in property
value of one or more adjacent properties. 
   (3) A requirement that the entire property subject to the contract
shall be dedicated toward agricultural use.
   (4) A prohibition against commercial uses, except as those uses
comply with the terms of the contract, on the property subject to the
contract. 
   (5) A notification that if a landowner cancels a contract, a
county or city and county may assess a cancellation fee, pursuant to
subparagraph (B) of paragraph (2) of subdivision (a). 
   (c) A contract entered into pursuant to this chapter shall not
prohibit the use of structures that support agricultural activity,
including, but not limited to, toolsheds, greenhouses, produce
stands, and instructional space.
   (d) A contract entered into pursuant to this chapter that includes
a prohibition on the use of pesticide or fertilizers on properties
under contract shall permit those pesticides or fertilizers allowed
by the United States Department of Agriculture's National Organic
Program.
   (e) Property subject to a contract entered into pursuant to this
chapter shall be assessed pursuant to Section  402.1
  423  of the Revenue and Taxation Code during the
term of the contract.
   (f) A county shall not establish an Urban Agriculture Incentive
Zone within any portion of a city or the city's spheres of influence
unless that city has adopted an ordinance that authorizes an Urban
Agriculture Incentive Zone within the city's boundaries or spheres of
influence.
  SEC. 2.  Section 402.1 of the Revenue and Taxation Code is amended
to read:
   402.1.  (a) In the assessment of land, the assessor shall consider
the effect upon value of any enforceable restrictions to which the
use of the land may be subjected. These restrictions shall include,
but are not limited to, all of the following:
   (1) Zoning.
   (2) Recorded contracts with governmental agencies other than those
provided in Sections 422  and   ,  422.5
 , and 422.7  .
   (3) Permit authority of, and permits issued by, governmental
agencies exercising land use powers concurrently with local
governments, including the California Coastal Commission and regional
coastal commissions, the San Francisco Bay Conservation and
Development Commission, and the Tahoe Regional Planning Agency.
   (4) Development controls of a local government in accordance with
any local coastal program certified pursuant to Division 20
(commencing with Section 30000) of the Public Resources Code.
   (5) Development controls of a local government in accordance with
a local protection program, or any component thereof, certified
pursuant to Division 19 (commencing with Section 29000) of the Public
Resources Code.
   (6) Environmental constraints applied to the use of land pursuant
to provisions of statutes.
   (7) Hazardous waste land use restriction pursuant to Section 25240
of the Health and Safety Code.
   (8) A recorded conservation, trail, or scenic easement, as
described in Section 815.1 of the Civil Code, that is granted in
favor of a public agency, or in favor of a nonprofit corporation
organized pursuant to Section 501(c)(3) of the Internal Revenue Code
that has as its primary purpose the preservation, protection, or
enhancement of land in its natural, scenic, historical, agricultural,
forested, or open-space condition or use.
   (9) A solar-use easement pursuant to Chapter 6.9 (commencing with
Section 51190) of Part 1 of Division 1 of Title 5 of the Government
Code. 
   (10) A contract entered into pursuant to the Urban Agriculture
Incentive Zones Act (Chapter 6.3 (commencing with Section 51040) of
Part 1 of Division 1 of Title 5 of the Government Code). 
   (b) There is a rebuttable presumption that restrictions will not
be removed or substantially modified in the predictable future and
that they will substantially equate the value of the land to the
value attributable to the legally permissible use or uses.
   (c) Grounds for rebutting the presumption may include, but are not
necessarily limited to, the past history of like use restrictions in
the jurisdiction in question and the similarity of sales prices for
restricted and unrestricted land. The possible expiration of a
restriction at a time certain shall not be conclusive evidence of the
future removal or modification of the restriction unless there is no
opportunity or likelihood of the continuation or renewal of the
restriction, or unless a necessary party to the restriction has
indicated an intent to permit its expiration at that time.
   (d) In assessing land with respect to which the presumption is
unrebutted, the assessor shall not consider sales of otherwise
comparable land not similarly restricted as to use as indicative of
value of land under restriction, unless the restrictions have a
demonstrably minimal effect upon value.
   (e) In assessing land under an enforceable use restriction wherein
the presumption of no predictable removal or substantial
modification of the restriction has been rebutted, but where the
restriction nevertheless retains some future life and has some effect
on present value, the assessor may consider, in addition to all
other legally permissible information, representative sales of
comparable lands that are not under restriction but upon which
natural limitations have substantially the same effect as
restrictions.
   (f) For the purposes of this section the following definitions
apply:
   (1) "Comparable lands" are lands that are similar to the land
being valued in respect to legally permissible uses and physical
attributes.
   (2) "Representative sales information" is information from sales
of a sufficient number of comparable lands to give an accurate
indication of the full cash value of the land being valued.
   (g) It is hereby declared that the purpose and intent of the
Legislature in enacting this section is to provide for a method of
determining whether a sufficient amount of representative sales
information is available for land under use restriction in order to
ensure the accurate assessment of that land. It is also hereby
declared that the further purpose and intent of the Legislature in
enacting this section and Section 1630 is to avoid an assessment
policy which, in the absence of special circumstances, considers uses
for land that legally are not available to the owner and not
contemplated by government, and that these sections are necessary to
implement the public policy of encouraging and maintaining effective
land use planning. Nothing in this statute shall be construed as
requiring the assessment of any land at a value less than as required
by Section 401 or as prohibiting the use of representative
comparable sales information on land under similar restrictions when
this information is available.
   SEC. 3.    Section 422.7 is added to the  
Revenue and Taxation Code   , to read:  
   422.7.  For purposes of this article, the term "open-space land"
includes land subject to contract for an urban agricultural incentive
zone, as defined in subdivision (b) of Section 51040.3 of the
Government Code. For purposes of this article, open-space land is
enforceably restricted within the meaning of Section 8 of Article
XIII of the California Constitution if it is subject to an urban
agriculture incentive zone contract. 
                 
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