Bill Text: CA AB781 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Local government: counties: unincorporated areas.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-08-30 - Ordered to inactive file pursuant to Senate Rule 29. Ordered to inactive file at the request of Senator Dutton. [AB781 Detail]

Download: California-2011-AB781-Amended.html

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BILL NUMBER: AB 781	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2011

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 17, 2011

   An act to  amend Section 51230 of   add
Section 16149 to  the Government Code, relating to 
agricultural preserves   preservation of lands  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 781, as amended, John A. Pérez.  Agricultural preserve
  Preservation of lands: open-space subventions  .

   Existing law authorizes cities and counties to enter into
contracts with landowners, pursuant to the Williamson Act, whereby
the landowner agrees to restrict the use of the land under contract
in exchange for a reduced property tax amount. Existing law
continuously appropriates to the Controller from the General Fund an
amount sufficient to provide replacement revenues to local
governments by reason of the reduction of the property tax on
open-space lands, as specified. Existing law also provides specified
subventions for purposes of preserving open-space lands.  
   This bill would authorize a city, county, or city and county to
accept contributions from public and private entities to offset a
reduction in state subvention payments, as specified.  
   Existing law authorized beginning January 1, 1971, any county or
city having a general plan, and until December 31, 1970, any county
or city by resolution and after a public hearing, to establish an
agricultural preserve.  
   This bill would authorize a county or city having a general plan,
after a public hearing, to establish an 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 16149 is added to the 
 Government Code   , to read:  
   16149.  A city, county, or city and county may accept
contributions from public and private entities to offset a reduction
in state payments pursuant to this chapter for lands that are
identified in the report by the city's, county's, or city and county'
s report to the Secretary of the Resources Agency pursuant to Section
16144.  
  SECTION 1.    Section 51230 of the Government Code
is amended to read:
   51230.  A county or city having a general plan may, after a public
hearing, establish an agricultural preserve. Notice of the hearing
shall be published pursuant to Section 6061, and shall include a
legal description, or the assessor's parcel number, of the land that
is proposed to be included within the preserve. The preserves shall
be established for the purpose of defining the boundaries of those
areas within which the city or county will be willing to enter into
contracts pursuant to this act. An agricultural preserve shall
consist of no less than 100 acres; provided, that in order to meet
this requirement two or more parcels may be combined if they are
contiguous or if they are in common ownership; and further provided,
that in order to meet this requirement land zoned as timberland
production pursuant to Chapter 6.7 (commencing with Section 51100)
may be taken into account.
   A county or city may establish agricultural preserves of less than
100 acres if it finds that smaller preserves are necessary due to
the unique characteristics of the agricultural enterprises in the
area and that the establishment of preserves of less than 100 acres
is consistent with the general plan of the county or city.
   An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two years of the effective date of any contract
on land within the preserve be restricted by zoning, including
appropriate minimum parcel sizes that are at a minimum consistent
with this chapter, in such a way as not to be incompatible with the
agricultural use of the land, the use of which is limited by contract
in accordance with this chapter.
   Failure on the part of the board or council to restrict the use of
land within a preserve but not subject to contract shall not be
sufficient reason to cancel or otherwise invalidate a contract.