Bill Text: CA SB618 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Local government: solar-use easement.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 596, Statutes of 2011. [SB618 Detail]

Download: California-2011-SB618-Introduced.html

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BILL NUMBER: SB 618	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 18, 2011

   An act to amend Section 51238 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 618, as introduced, Wolk. Local government: Williamson Act:
compatible uses.
   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. Under the
Williamson Act, the erection, construction, alteration, or
maintenance of gas, electric, water, communication, or agricultural
laborer housing facilities are considered compatible uses within any
agricultural preserve.
   This bill would additionally provide that the erection,
construction, alteration, operation, or maintenance of renewable
energy, and the operation of gas, electric, water, communication, or
agricultural laborer housing are considered compatible uses within
any agricultural preserve.
   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 51238 of the Government Code is amended to
read:
   51238.  (a) (1) Notwithstanding any determination of compatible
uses by the county or city pursuant to this article, unless the board
or council after notice and hearing makes a finding to the contrary,
the erection, construction, alteration,  operation,  or
maintenance of gas, electric,  renewable energy,  water,
communication, or agricultural laborer housing facilities are hereby
determined to be compatible uses within any agricultural preserve.
   (2) No land occupied by gas, electric,  renewable energy,
 water, communication, or agricultural laborer housing
facilities shall be excluded from an agricultural preserve by reason
of that use.
   (b) The board of supervisors may impose conditions on lands or
land uses to be placed within preserves to permit and encourage
compatible uses in conformity with Section 51238.1, particularly
public outdoor recreational uses.