Bill Text: CA AB1564 | 2017-2018 | Regular Session | Introduced
Bill Title: Agricultural preserves: Williamson Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-09-13 - Ordered to inactive file at the request of Senator Mendoza. [AB1564 Detail]
Download: California-2017-AB1564-Introduced.html
Assembly Bill | No. 1564 |
Introduced by Assembly Member Arambula |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1091 of the Government Code is amended to read:1091.
(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest.SEC. 2.
Section 16142.5 of the Government Code is amended to read:(a)For the fiscal year 1977–78, no payment to a city or county shall increase or reduce the amount which would have been paid to the city or county under the provisions of Section 16142 as it existed on March 1, 1976, as applied to land assessed pursuant to Section 423 or 423.5 of the Revenue and Taxation Code for the fiscal year 1977–78, in excess of an amount which is equal to the property tax derived from a levy at the rate of three cents ($0.03) per hundred dollars of assessed value.
(b)For fiscal years subsequent to the 1977–78 fiscal year, no
16142.5.
No payment to a city or county shall increase or reduce the amountSEC. 3.
Section 16144 of the Government Code is amended to read:16144.
On or before October 31 each year, the governing body of each county, city, or city and county shall report to theSEC. 4.
Section 16147 of the Government Code is amended to read:16147.
TheSEC. 5.
Section 16148 of the Government Code is repealed.Zero dollars ($0) is appropriated for the 2010–11 fiscal year from the General Fund to the Controller to make subvention payments to counties pursuant to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.
SEC. 6.
Section 16154 of the Government Code is amended to read:16154.
In addition to the report required by Section 16144, theSEC. 7.
Section 51200 of the Government Code is amended to read:51200.
This chapter shall be known as theSEC. 8.
Section 51201 of the Government Code is amended to read:51201.
As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:SEC. 9.
Section 51207 of the Government Code is amended to read:51207.
(a) On or before May 1 of every other year, the Department of Conservation shall report to the Legislature regarding the implementation of this chapter by cities and counties.SEC. 10.
Section 51230 of the Government Code is amended to read:51230.
SEC. 11.
Section 51231 of the Government Code is amended to read:51231.
(a) For the purposes of this chapter, the board or council, by resolution, shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing, and processing requests to establishSEC. 12.
Section 51238 of the Government Code is amended to read:51238.
(a) (1)SEC. 13.
Section 51243.5 of the Government Code is amended to read:51243.5.
(a) This section shallSEC. 14.
Section 51245 of the Government Code is amended to read:51245.
If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Notice of nonrenewal may be for all or any portion of the land under contract. UnlessSEC. 15.
Section 51246 of the Government Code is amended to read:51246.
(b)No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section.
(c)In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account.
(d)Notwithstanding any other provision of law, commencing with the lien date for the 1977–78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981–82 fiscal year. Commencing with the lien date for the 1982–83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code.
SEC. 16.
Section 51249 of the Government Code is amended to read:51249.
Within 30 days after a form of contract is first used, the clerk of the board or council shall file with theSEC. 17.
Section 51253 of the Government Code is amended to read:51253.
Any contract or agreement entered into pursuant to this chapter prior to the 61st day following final adjournment of the 1969 Regular Session of the Legislature may be amended to conform with the provisions of this act as amended at that session upon the mutual agreement of all parties. Approval of these amendments to a contract by theSEC. 18.
Section 51254 of the Government Code is amended to read:51254.
Notwithstanding any other provision of this chapter, the parties may upon their mutual agreement rescind aSEC. 19.
Section 51256 of the Government Code is amended to read:51256.
Notwithstanding any other provision of this chapter, a city or county, upon petition by a landowner, may enter into an agreement with the landowner to rescind a contract in accordance with the contract cancellation provisions of Section 51282 in order to simultaneously place other land within that city, the county, or the county where the contract is rescinded under an agricultural conservation easement, consistent with the purposes and, except as provided in subdivision (b), the requirements of the California Farmland Conservancy Program Act pursuant to Division 10.2 (commencing with Section 10200) of the Public Resources Code, provided that the board or council makes all of the following findings:SEC. 20.
Section 51256.1 of the Government Code, as added by Section 6 of Chapter 1018 of the Statutes of 1999, is repealed.No agreement entered into pursuant to Section 51256 shall take effect until it is approved by the Secretary of Resources. The secretary may approve the agreement if he or she finds that the findings of the board or council, as required by Sections 51256 and 51282, are supported by substantial evidence, and that the proposed agricultural conservation easement is consistent with the eligibility criteria set forth in Section 10251 of the Public Resources Code and will make a beneficial contribution to the conservation of agricultural land in its area. The secretary shall not approve the agreement if an agricultural conservation easement has been purchased with funds from the Agricultural Land Stewardship Program Fund, established pursuant to Section 10230 of the Public Resources Code, on the same land proposed to be placed under an agricultural conservation easement pursuant to this section.
SEC. 21.
Section 51256.2 of the Government Code is amended to read:51256.2.
(a) One or more cities or counties may adopt a plan for implementing the provisions of Section 51256 with respect to multiple transactions within one or more specific areas, and submit the plan to the director forSEC. 22.
Section 51257 of the Government Code is amended to read:51257.
(a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following:(c)Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004.
SEC. 23.
Section 51281 of the Government Code is amended to read:51281.
A contract may not be canceled exceptSEC. 24.
Section 51282.5 of the Government Code is repealed.The owner of any land which has been zoned as a timberland production pursuant to Section 51112 or 51113, and that zoning has been recorded as provided in Section 51117, may petition the board or council for cancellation of any contract as to all or part of the land. Upon petition, the board or council shall approve the cancellation of the contract.
The provisions of Section 51283 shall not apply to any cancellation under this section, and no cancellation fee shall be imposed.