Bill Text: CA SB1319 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Subdivisions: parcel merger: renewable energy facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 492, Statutes of 2010. [SB1319 Detail]

Download: California-2009-SB1319-Amended.html

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BILL NUMBER: SB 1319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 3, 2010
	AMENDED IN SENATE  APRIL 13, 2010

INTRODUCED BY   Senator Pavley

                        FEBRUARY 19, 2010

    An act to amend Section 66451.10 of the   An
act to amend Section   66499.12 of, and to add Section
66451.24 to, the  Government Code, relating to subdivisions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1319, as amended, Pavley. Subdivisions:  contiguous
parcels: merger.  parcel merger: renewable energy
facilities. 
   The Subdivision Map Act establishes a statewide regulatory
framework  for  controlling the  subdividing
  subdivision  of land  . Existing law
provides the authority and procedures by which 2 or more contiguous
parcels or units of land created under specified provisions of the
act or other laws are merged   , provides the sole and
exclusive authority for local agency initiated merger of contiguous
parcels, and authorizes a legislative body, on its own motion or by
petition of all owners of record of the real property within the
  subdivision, to initiate proceedings for reversion to
acreage  . 
   This bill would additionally authorize an owner of 2 or more
contiguous parcels to merge them by combining them in a single
recorded instrument of conveyance or security, as specified.
 
   This bill would provide that specified provisions of the act do
not prohibit a landowner, local agency, or renewable energy
corporation authorized to conduct business in the state from seeking
financial assistance from eligible state funding sources to defray
the costs of merging parcels on private or public lands, or the costs
of establishing or administering a joint powers authority
established or authorized to merge parcels on private or public lands
for the purpose of siting renewable energy facilities. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 66451.24 is added to the 
 Government Code  , to read:  
   66451.24.  (a) Nothing in this article prohibits a landowner,
local agency, or renewable energy corporation authorized to conduct
business in this state from seeking financial assistance from
eligible state funding sources to defray either of the following
costs:
   (1) The costs of merging parcels, including, but not limited to,
escrow costs, on private or public lands pursuant to this article.
   (2) The costs of establishing or administering a joint powers
authority established or authorized to merge parcels on private or
public lands, including, but not limited to, all eligible costs, for
the purpose of siting renewable energy facilities.
   (b) This section does not authorize the use of state funds for the
acquisition of real property for which a parcel merger will be
initiated. 
   SEC. 2.    Section 66499.12 of the  
Government Code   is amended to read: 
   66499.12.   (a)    Proceedings for reversion to
acreage may be initiated by the legislative body on its own motion or
by petition of all of the owners of record of the real property
within the subdivision. 
   (b) Nothing in this chapter prohibits a landowner, local agency,
or renewable energy corporation authorized to conduct business in
this state from seeking financial assistance from eligible state
funding sources to defray either of the following costs:  
   (1) The costs of merging parcels, including, but not limited to,
escrow costs, on private or public lands pursuant to this chapter.
 
   (2) The costs of establishing or administering a joint powers
authority established or authorized to merge parcels on private or
public lands, including, but not limited to, all eligible costs, for
the purpose of siting renewable energy facilities.  
   (c) This section does not authorize the use of state funds for the
acquisition of real property for which a parcel merger will be
initiated.  
  SECTION 1.    Section 66451.10 of the Government
Code is amended to read:
   66451.10.  (a) Notwithstanding Section 66424, except as is
otherwise provided for in this article, two or more contiguous
parcels or units of land which have been created under the provisions
of this division, or any prior law regulating the division of land,
or a local ordinance enacted pursuant thereto, or which were not
subject to those provisions at the time of their creation, shall not
be deemed merged by virtue of the fact that the contiguous parcels or
units are held by the same owner, and no further proceeding under
the provisions of this division or a local ordinance enacted pursuant
thereto shall be required for the purpose of sale, lease, or
financing of the contiguous parcels or units, or any of them.
   (b) This article shall provide the sole and exclusive authority
for local agency initiated merger of contiguous parcels. On and after
January 1, 1984, parcels may be merged by local agencies only in
accordance with the authority and procedures prescribed by this
article. This exclusive authority does not, however, abrogate or
limit the authority of a local agency or a subdivider with respect to
the following procedures within this division:
   (1) Lot line adjustments.
   (2) Amendment or correction of a final or parcel map.
   (3) Reversions to acreage.
   (4) Exclusions.
   (5) Tentative, parcel, or final maps which create fewer parcels.
   (c) If authorized by local ordinance, an owner of two or more
contiguous parcels may merge them, without first complying with the
other provisions of this division, by combining them in a single
recorded instrument of conveyance or security.