AB 1564: Agricultural preserves: Williamson Act.

(1)The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land located in an agricultural preserve designated by the city or county. Existing law, with certain exceptions, provides that any commercial, industrial, or residential building constructed on a parcel subject to an agricultural land conservation contract that is not permitted by the contract or by local uniform rules or ordinances, and is not related to an agricultural use or compatible use, is a material breach of contract.

This bill would instead provide that the act name is the Williamson Act, and would make conforming changes. The bill would also make various nonsubstantive changes to provisions of the act, delete obsolete provisions, and make various conforming changes.

(2)Existing law provides that an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement, two or more parcels may be combined if they are contiguous or if they are in common ownership. Land zoned as timberland production may also be taken into account in order to meet that requirement.

This bill would eliminate the authorization to use land zoned as timberland production to meet the requirement that an agricultural preserve consist of no less than 100 acres, and make conforming changes.

(3)Existing law requires the county board of supervisors or city council, by resolution, to adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing, and processing requests to establish preserves.

This bill would also require the county board of supervisors or city council to, by resolution, adopt rules governing the procedures for partial cancellations, and partial nonrenewal of contracts.

(4)Existing law authorizes the parties to, upon their mutual agreement, rescind a contract in order to simultaneously enter into a new contracts, as specified.

This bill would also authorize the parties, upon mutual agreement, to rescind a portion of the contract. contract, as specified.

(5)Existing law authorizes a city or county, upon petition by a landowner, to enter into an agreement with the landowner to rescind a contract pursuant to specified procedures in order to simultaneously place other specified land under contract, if the county board of supervisors or city council finds, among other things, that the proposed agricultural conservation easement is evaluated pursuant to eligibility and selection criteria under the Agricultural Land Stewardship Program Act of 1995. Existing law specifies that the county board of supervisors or city council should pay particular attention to specified criteria under that program.

This bill would instead require that the county board of supervisors or city council utilize only specified criteria under the Agricultural Land Stewardship Program Act of 1995.

(6)Existing law provides that no agreement to rescind a contract and simultaneously place other specified land under contract may take effect until it is approved by the Secretary of Resources, as specified.

This bill would repeal that provision.