AB 1098: Agricultural preserves: establishment.

Current Status:

Failed

(2024-02-01: Died at Desk.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill clarifies rules for counties and cities that create agricultural preserves under the Williamson Act (the law that lets local governments make contracts to protect farmland), restating the 100‑acre minimum, allowing parcels to be combined, and counting timberland‑production zoned land toward that total. It also lets a local government create a preserve smaller than 100 acres if it finds that is necessary, requires local zoning limits on noncontracted land within two years of a contract in the preserve, and says failing to impose those limits does not cancel an existing contract.

Version:

Existing law authorizes a county or city to establish an agricultural preserve, in accordance with specified requirements and subject to certain limitations, 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 the California Land Conservation Act of 1965, also known as the Williamson Act.

This bill would make nonsubstantive changes to these provisions.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 51230 of the Government Code is amended to read:51230.

(a)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 may establish an agricultural preserve. Notice of the hearing shall be published pursuant to Section 6061, and shall include a legal description, or the assessors parcel number, of the land which that is proposed to be included within the preserve. The preserves preserve 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 chapter. Except as otherwise provided in subdivision (b), 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.

(b)A county or city may establish an agricultural preserves preserve of less than 100 acres if it finds that a smaller preserves are preserve is necessary due to the unique characteristics of the agricultural enterprises in the area and that the establishment of preserves a preserve of less than 100 acres is consistent with the general plan of the county or city.

(c)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

(d)Failure on the part of the board or council council, as applicable, 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.

Date	Status
Feb 1, 2024	Died at Desk.
Feb 16, 2023	From printer. May be heard in committee March 18.
Feb 15, 2023	Read first time. To print.

Authors shown for version:
Introduced (2/15/2023)