Bill Text: CA AB2241 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: agricultural land.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 582, Statutes of 2014. [AB2241 Detail]

Download: California-2013-AB2241-Introduced.html

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BILL NUMBER: AB 2241	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 21, 2014

   An act to amend Section 51255.1 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2241, as introduced, Eggman. Local government: agricultural
land.
   Existing law authorizes the parties to a Williamson Act contract,
after approval by the Department of Conservation, to mutually agree
to rescind the contract in order to simultaneously enter into a
solar-use easement that would require that the land be used for solar
photovoltaic facilities for a term no less than 20 years, except as
specified. Existing law requires the city or county to charge the
property owner a rescission fee of 61/4% of the fair market value of
the property at the time of the rescission if the property was under
a Williamson Act contract, and 121/2% of the fair market value of the
property at the time of the recession if the land was held under a
contract designating the property a farmland security zone.
   This bill would instead require a city or county to charge the
property owner a recession fee of 10% of the fair market value of the
property at the time of the recession for both land under a
Williamson Act contract and land designated as a farmland security
zone.
    Existing law requires the rescission fees to be deposited in the
General Fund, as specified.
   This bill would instead require 50% of the recession fees
collected to be deposited in the General Fund, as specified.
   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.  Section 51255.1 of the Government Code is amended to
read:
   51255.1.  (a) Notwithstanding any other provision of this chapter,
the parties may upon their mutual agreement rescind a contract for a
parcel or parcels of land that, upon review and approval, are
determined by the Department of Conservation to be eligible to be
placed into a solar-use easement pursuant to Section 51191, in order
to simultaneously enter into a solar-use easement pursuant to Chapter
6.9 (commencing with Section 51190). This action may be taken
notwithstanding the prior serving of a notice of nonrenewal.
   (b) Nothing in this section limits the ability of the parties to a
contract to seek nonrenewal, or petition for cancellation or
termination of a contract pursuant to this chapter. This section is
provided in addition to, not in replacement of, other methods for
contract termination, Williamson Act compliance, or a county finding
that a solar facility is a compatible use pursuant to this chapter.
   (c) (1) Prior to the board or council agreeing to mutually rescind
a contract pursuant to this section, the county assessor of the
county in which the land is located shall determine the current fair
market value of the land as though it were free of the contractual
restriction. The assessor shall certify to the board or council the
fair market valuation of the land for the purpose of determining the
rescission fee. At the same time, the assessor shall send a notice to
the landowner and the Department of Conservation indicating the
current fair market value of the land as though it were free of the
contractual restriction and advise the parties, that upon their
request, the assessor shall provide all information relevant to the
valuation, excluding third-party information. If any information is
confidential or otherwise protected from release, the department and
the landowner shall hold it as confidential and return or destroy any
protected information upon termination of all actions relating to
valuation or rescission of the contract on the property. The notice
shall also advise the landowner and the department of the opportunity
to request formal review from the assessor.
   (2) Prior to agreeing to mutually rescind a contract pursuant to
this section, the board or council shall determine and certify to the
county auditor the amount of the rescission fee that the landowner
shall pay the county treasurer upon rescission. That fee shall be an
amount equal to  6   1/4   10
 percent of the fair market valuation of the property 
if the   for  land  that  was held under a
contract pursuant to Section 51240  , and 12 
 1/2   percent if the land was held in a
contract designating   or if  the property  was
  designated  as a farmland security zone.
   (3) When rescission fees required by this subdivision are
collected,  they   50 percent of the fee 
shall  , within 30 days of the execution of the mutual rescission
of the contract by the parties,  be transmitted by the county
treasurer to the Controller and deposited in the General Fund, except
as provided in subdivision (b) of Section 51203 or subdivision (d)
of Section 51283.  The funds collected by the county
treasurer with respect to each rescission of a contract shall be
transmitted to the Controller within 30 days of the execution of the
mutual rescission of the contract by the parties. 
   (4) It is the intent of the Legislature that fees paid to rescind
a contract do not constitute taxes but are payments that, when made,
provide a private benefit that tends to increase the value of the
property.