AB 1156: Williamson Act contracts: cancellation fees: photovoltaic solar facilities.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State - Chapter 875, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill changes who can delay or forgive Williamson Act cancellation fees for farmland: instead of counties or cities, the state Secretary of the Natural Resources Agency can, on a landowner’s application, waive or extend those payments for involuntary transfers or to allow qualifying photovoltaic solar projects. It also makes a Williamson Act contract void when land is approved for a certified solar project if the developer signs a community benefit agreement and the site is in a critically overdrafted groundwater basin.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
The California Land Conservation Act of 1965 (act), otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessors determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided.
This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property.
The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits.
This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided.
The California Land Conservation Act of 1965 (act), otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessors determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided.
This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property.
The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits.
This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided.
The California Land Conservation Act of 1965 (act), otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessors determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided.
This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property.
The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits.
This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided.
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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities. This bill would revise the definition of the term solar-use easement to, among other changes, expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the conversion of the Williamson Act contract into a solar-use easement for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that circumstances exist that limit the use of the parcel for agricultural activities, as specified. Existing law authorizes a city or county to enter into an agreement with a landowner to use lands determined to be eligible in a solar-use easement pursuant to these provisions.This bill would revise these provisions to require, rather than authorize, the Department of Conservation to make a determination on whether a parcel is eligible for conversion, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land that has insufficient surface water or groundwater available that results in significantly reduced agricultural production activities, as specified; (2) with respect to the exception to the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as described above, specifying that the circumstances under which the use of the parcel for agricultural activities may be determined to be limited includes insufficient water supplies; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, as specified, and would deem any application not rejected within this 120-day period to be approved. The bill, at least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, would require the landowner to notify any relevant workforce in writing of its intent to enter into a solar-use easement, as specified.Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.This bill would require that the mitigation measures on land that is subject to a solar-use easement, as described above, have an essential nexus and be roughly proportional to the impact to be mitigated, and would delete the above-described provision relating to mitigation measures beyond the land that is subject to a solar-use easement. The bill would delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement. The bill would additionally permit the county or city to require a solar-use easement deed or restriction to include a provision for termination of the easement under prescribed circumstances. The bill would require a city or county to require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with the city or county, as specified. The bill would provide that these restrictions or requirements do not otherwise limit the authority of a city or county, as specified.Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees. This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff. Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice any time they desire not to renew an annually self-renewing solar-use-easement, and to allow a city or county to serve the notice under prescribed circumstances, and make conforming changes. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA, but would specify that its provisions do not exempt a photovoltaic solar facility from CEQA.This bill would incorporate additional changes to Section 21080 of the Public Resources Code proposed by either AB 149 and SB 149 to be operative only if this bill and either AB 149 or SB 149 are enacted and this bill is enacted last.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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the conversion of the Williamson Act contract into a solar-use easement for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that circumstances exist that limit the use of the parcel for agricultural activities, as specified. Existing law authorizes a city or county to enter into an agreement with a landowner to use lands determined to be eligible in a solar-use easement pursuant to these provisions.
This bill would revise these provisions to require, rather than authorize, the Department of Conservation to make a determination on whether a parcel is eligible for conversion, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land that has insufficient surface water or groundwater available that results in significantly reduced agricultural production activities, as specified; (2) with respect to the exception to the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as described above, specifying that the circumstances under which the use of the parcel for agricultural activities may be determined to be limited includes insufficient water supplies; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, as specified, and would deem any application not rejected within this 120-day period to be approved. The bill, at least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, would require the landowner to notify any relevant workforce in writing of its intent to enter into a solar-use easement, as specified.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would require that the mitigation measures on land that is subject to a solar-use easement, as described above, have an essential nexus and be roughly proportional to the impact to be mitigated, and would delete the above-described provision relating to mitigation measures beyond the land that is subject to a solar-use easement. The bill would delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement. The bill would additionally permit the county or city to require a solar-use easement deed or restriction to include a provision for termination of the easement under prescribed circumstances. The bill would require a city or county to require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with the city or county, as specified. The bill would provide that these restrictions or requirements do not otherwise limit the authority of a city or county, as specified.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice any time they desire not to renew an annually self-renewing solar-use-easement, and to allow a city or county to serve the notice under prescribed circumstances, and make conforming changes. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA, but would specify that its provisions do not exempt a photovoltaic solar facility from CEQA.
This bill would incorporate additional changes to Section 21080 of the Public Resources Code proposed by either AB 149 and SB 149 to be operative only if this bill and either AB 149 or SB 149 are enacted and this bill is enacted last.
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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the conversion of the Williamson Act contract into a solar-use easement for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that circumstances exist that limit the use of the parcel for agricultural activities, as specified. Existing law authorizes a city or county to enter into an agreement with a landowner to use lands determined to be eligible in a solar-use easement pursuant to these provisions.
This bill would revise these provisions to authorize require, rather than authorize, the Department of Conservation to determine that make a determination on whether a parcel is eligible for conversion, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there is or will be that has insufficient surface water or groundwater available to support commercially viable irrigated agricultural use; (2) deleting that results in significantly reduced agricultural production activities, as specified; (2) with respect to the exception to the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; importance, as described above, specifying that the circumstances under which the use of the parcel for agricultural activities may be determined to be limited includes insufficient water supplies; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, as specified, and would deem any application not rejected within this 120-day period to be approved. The bill, at least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, would require the landowner to notify any relevant workforce in writing of its intent to enter into a solar-use easement, as specified.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would delete require that the above-described provisions relating to mitigation measures on or land that is subject to a solar-use easement, as described above, have an essential nexus and be roughly proportional to the impact to be mitigated, and would delete the above-described provision relating to mitigation measures beyond the land that is subject to a solar-use easement. easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement. The bill would additionally permit the county or city to require a solar-use easement deed or restriction to include a provision for termination of the easement under prescribed circumstances. The bill would allow require a city or county to require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement, as defined, agreement with one or more local communities, as defined. the city or county, as specified. The bill would provide that these restrictions or requirements do not otherwise limit the authority of a city or county, as specified.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice any time they desire not to renew an annually self-renewing solar-use-easement, and to allow a city or county to serve the notice under prescribed circumstances, and make conforming changes. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA, but would specify that its provisions do not exempt a photovoltaic solar facility from CEQA.
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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension conversion of the Williamson Act contract into a solar-use easement for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.
This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, conversion, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there is or will be insufficient surface water or groundwater available to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement. The bill would additionally permit the county or city to require a solar-use easement deed or restriction to include a provision for termination of the easement under prescribed circumstances. The bill would allow a city or county to require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement, as defined, with one or more local communities, as defined. The bill would provide that these restrictions or requirements do not otherwise limit the authority of a city or county, as specified.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice any time they desire not to renew a an annually self-renewing solar-use-easement, and to allow a city or county to serve the notice only at the end of the photovoltaic solar facilitys operating life, as specified, under prescribed circumstances, and make conforming changes. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA, but would specify that its provisions do not exempt a photovoltaic solar facility from CEQA.
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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.
This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are is or will be insufficient surface water or groundwater rights associated with the land available to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement. The bill would additionally permit the county or city to require a solar-use easement deed or restriction to include a provision for termination of the easement under prescribed circumstances. The bill would allow a city or county to require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement, as defined, with one or more local communities, as defined.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. notice any time they desire not to renew a solar-use-easement, and to allow a city or county to serve the notice only at the end of the photovoltaic solar facilitys operating life, as specified, and make conforming changes. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA. CEQA, but would specify that its provisions do not exempt a photovoltaic solar facility from CEQA.
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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.
This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA.
Existing law, 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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.Existing law, 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 to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.
Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.
This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.
The Legislature finds and declares all of the following:
(a)California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
(b)The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for California to provide 100 percent of its retail sales from zero-emission sources by 2045.
(c)Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 45,000 megawatts by 2035, with a total of at least 68,000 megawatts added to the grid by 2045 to meet the states decarbonization and reliability goals.
(d)Concurrently, the state has established a 30x30 plan to conserve 30 percent of land and water from development.
(e)California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
(f)It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
(g)California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the use of these lands for solar projects is one tool to preserve the states farms.
(h)There is value in incentivizing solar in least-conflict areas while facilitating achievement of our states renewable mandates.(i)In requiring community benefit agreements specifically in conjunction with a Williamson Act nullification or fee waiver, it is not the intent of the Legislature to create a new, universal tool for land use policy.
SEC. 2.Section 51283 of the Government Code is amended to read:51283.(a)Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.
(b)Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 121/2 percent of the cancellation valuation of the property.
(c)If it finds that it is in the public interest to do so, the Secretary of the Natural Resources Agency may, upon application by the landowner, waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment, including, but not limited to, contracts canceled pursuant to Section 51297, contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if either of the following occur:
(1)The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
(2)The cancellation meets all of the following:
(A)The cancellation is to facilitate a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity.
(B)The land is located within a basin or subbasin that is in a condition of critical overdraft at the time of submission.
(C)The developer of the facility has entered into a community benefit agreement with the local government in whose jurisdiction the facility is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code.
(i)The community benefits provided pursuant to this subparagraph shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(ii)The community benefits provided pursuant to this subparagraph shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(iii)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(I)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(II)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(III)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(ia)Be located within the jurisdiction of the proposed solar facility.
(ib)Solicit input on the proposed community benefit agreement.
(iv)This subparagraph shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(d)(1)The secretary shall approve a completed application for extension for making the payment or a portion of the payment by a landowner when it includes the following:
(A)An itemized application checklist.
(B)A copy of the local governments approval of the cancellation.
(C)An affidavit that the property is located in a critically overdrafted basin or subbasin.
(D)A map showing the property in relation to the critically overdrafted basin or subbasin.
(2)The secretary shall extend the time for 10 years for making the payment or a portion of the payment pursuant to this subdivision for an approved cancellation to facilitate a photovoltaic solar facility for the duration of the time remaining on the contract.
(3)If, prior to the end of the extension of time, the landowner attests and provides proof to the secretary that a solar project has been constructed on the property, the secretary shall waive any payment or any portion of a payment by a landowner.
(4)This subdivision shall remain operative only until January 1, 2037.
(e)The first five million dollars ($5,000,000) of revenue paid to the Controller pursuant to subdivision (f) in the 200405 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated by the Legislature, for the support of all of the following:
(1)The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570.
(2)The soil conservation program identified in Section 614 of the Public Resources Code.
(3)Program support costs of this chapter as administered by the Department of Conservation.
(4)Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2).
(5)The costs to the Department of Conservation for administering Section 51250.
(6)When available, after funding the duties of the Department of Conservation pursuant to paragraphs (1) through (5), inclusive, program support costs incurred by the department in carrying out the duties of the department pursuant to Sections 65565 and 66565.1.
(f)When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (e) of this section and subdivision (b) of Section 51283.1. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4.
(g)It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 3.Section 51295 of the Government Code is amended to read:51295.(a)When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, or when that land is approved for use as a certified solar project, the contract shall be deemed null and void as to the land actually being condemned, acquired, or approved for use as of the date the action is filed or the use is approved, and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed. In the case of approved certified solar projects, the contract shall be deemed null and void only if the developer has entered into a community benefit agreement with the local government in whose jurisdiction the certified solar project is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code and the project site is located on land within a basin or subbasin that is in a condition of critical overdraft at the time of certification.
(1)The community benefits provided pursuant to this subdivision shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(2)The community benefits provided pursuant to this subdivision shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(3)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(A)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(B)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(C)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(i)Be located within the jurisdiction of the proposed solar facility.
(ii)Solicit input on the proposed community benefit agreement.
(4)This subdivision shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(b)Upon the termination of the proceeding, the contract shall be null and void for all land actually taken, acquired, or approved for use as a certified solar project.
(c)When an action is commenced to condemn, acquire, or approve for use as a certified solar project and related facilities less than all of a parcel of land subject to a contract, the contract shall be deemed null and void as to the land actually condemned, acquired, or approved for use as a certified solar project and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract.
(d)When an action is commenced to condemn or acquire an interest that is less than the fee title of an entire parcel or any portion thereof of land subject to a contract or to approve a certified solar project to be developed under such an interest, the contract shall be deemed null and void as to that interest and, for the purpose of establishing the value of only that interest, shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract.
(e)The land actually taken or approved for use as a certified solar project shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken for a public improvement or approved for use as a certified solar project, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, or when a certified solar project is approved for development on a portion of the land or under an interest in the land that is less than the fee title, the contract may be canceled with respect to the remaining portion or interest upon petition of either party and pursuant to the provisions of Article 5 (commencing with Section 51280).
(f)For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the contract is continued on the remaining portion or interest in the land, may satisfy the requirements of subdivision (a) of Section 51282.
(g)If, after acquisition, the acquiring public agency determines that it will not for any reason actually locate on that land or any part thereof, the public improvement for which the land was acquired, before returning the land to private ownership, the public agency shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was held by the acquiring public agency or person from the number of years that remained on the original contract at the time of acquisition.
(h)If, after approval of a certified solar project, the certified solar project owner determines that it will not for any reason actually locate on that land or any part thereof the approved certified solar project, the certified solar project owner shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was approved for development as a certified solar project from the number of years that remained on the original contract at the time of acquisition. Nothing herein shall preclude a landowner from seeking reenrollment of land developed as a certified solar project after the end of the useful life of the project and the land is restored to agricultural use consistent with this chapter.
(i)For the purposes of this section, certified solar project means a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity and certified under Chapter 6.5 (commencing with Section 21178) of Division 13 of the Public Resources Code.
The Legislature finds and declares all of the following:
(a)California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
(b)The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for California to provide 100 percent of its retail sales from zero-emission sources by 2045.
(c)Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 45,000 megawatts by 2035, with a total of at least 68,000 megawatts added to the grid by 2045 to meet the states decarbonization and reliability goals.
(d)Concurrently, the state has established a 30x30 plan to conserve 30 percent of land and water from development.
(e)California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
(f)It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
(g)California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the use of these lands for solar projects is one tool to preserve the states farms.
(h)There is value in incentivizing solar in least-conflict areas while facilitating achievement of our states renewable mandates.(i)In requiring community benefit agreements specifically in conjunction with a Williamson Act nullification or fee waiver, it is not the intent of the Legislature to create a new, universal tool for land use policy.
SEC. 2.Section 51283 of the Government Code is amended to read:51283.(a)Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.
(b)Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 121/2 percent of the cancellation valuation of the property.
(c)If it finds that it is in the public interest to do so, the Secretary of the Natural Resources Agency may, upon application by the landowner, waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment, including, but not limited to, contracts canceled pursuant to Section 51297, contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if either of the following occur:
(1)The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
(2)The cancellation meets all of the following:
(A)The cancellation is to facilitate a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity.
(B)The land is located within a basin or subbasin that is in a condition of critical overdraft at the time of submission.
(C)The developer of the facility has entered into a community benefit agreement with the local government in whose jurisdiction the facility is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code.
(i)The community benefits provided pursuant to this subparagraph shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(ii)The community benefits provided pursuant to this subparagraph shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(iii)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(I)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(II)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(III)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(ia)Be located within the jurisdiction of the proposed solar facility.
(ib)Solicit input on the proposed community benefit agreement.
(iv)This subparagraph shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(d)(1)The secretary shall approve a completed application for extension for making the payment or a portion of the payment by a landowner when it includes the following:
(A)An itemized application checklist.
(B)A copy of the local governments approval of the cancellation.
(C)An affidavit that the property is located in a critically overdrafted basin or subbasin.
(D)A map showing the property in relation to the critically overdrafted basin or subbasin.
(2)The secretary shall extend the time for 10 years for making the payment or a portion of the payment pursuant to this subdivision for an approved cancellation to facilitate a photovoltaic solar facility for the duration of the time remaining on the contract.
(3)If, prior to the end of the extension of time, the landowner attests and provides proof to the secretary that a solar project has been constructed on the property, the secretary shall waive any payment or any portion of a payment by a landowner.
(4)This subdivision shall remain operative only until January 1, 2037.
(e)The first five million dollars ($5,000,000) of revenue paid to the Controller pursuant to subdivision (f) in the 200405 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated by the Legislature, for the support of all of the following:
(1)The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570.
(2)The soil conservation program identified in Section 614 of the Public Resources Code.
(3)Program support costs of this chapter as administered by the Department of Conservation.
(4)Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2).
(5)The costs to the Department of Conservation for administering Section 51250.
(6)When available, after funding the duties of the Department of Conservation pursuant to paragraphs (1) through (5), inclusive, program support costs incurred by the department in carrying out the duties of the department pursuant to Sections 65565 and 66565.1.
(f)When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (e) of this section and subdivision (b) of Section 51283.1. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4.
(g)It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 3.Section 51295 of the Government Code is amended to read:51295.(a)When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, or when that land is approved for use as a certified solar project, the contract shall be deemed null and void as to the land actually being condemned, acquired, or approved for use as of the date the action is filed or the use is approved, and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed. In the case of approved certified solar projects, the contract shall be deemed null and void only if the developer has entered into a community benefit agreement with the local government in whose jurisdiction the certified solar project is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code and the project site is located on land within a basin or subbasin that is in a condition of critical overdraft at the time of certification.
(1)The community benefits provided pursuant to this subdivision shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(2)The community benefits provided pursuant to this subdivision shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(3)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(A)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(B)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(C)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(i)Be located within the jurisdiction of the proposed solar facility.
(ii)Solicit input on the proposed community benefit agreement.
(4)This subdivision shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(b)Upon the termination of the proceeding, the contract shall be null and void for all land actually taken, acquired, or approved for use as a certified solar project.
(c)When an action is commenced to condemn, acquire, or approve for use as a certified solar project and related facilities less than all of a parcel of land subject to a contract, the contract shall be deemed null and void as to the land actually condemned, acquired, or approved for use as a certified solar project and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract.
(d)When an action is commenced to condemn or acquire an interest that is less than the fee title of an entire parcel or any portion thereof of land subject to a contract or to approve a certified solar project to be developed under such an interest, the contract shall be deemed null and void as to that interest and, for the purpose of establishing the value of only that interest, shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract.
(e)The land actually taken or approved for use as a certified solar project shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken for a public improvement or approved for use as a certified solar project, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, or when a certified solar project is approved for development on a portion of the land or under an interest in the land that is less than the fee title, the contract may be canceled with respect to the remaining portion or interest upon petition of either party and pursuant to the provisions of Article 5 (commencing with Section 51280).
(f)For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the contract is continued on the remaining portion or interest in the land, may satisfy the requirements of subdivision (a) of Section 51282.
(g)If, after acquisition, the acquiring public agency determines that it will not for any reason actually locate on that land or any part thereof, the public improvement for which the land was acquired, before returning the land to private ownership, the public agency shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was held by the acquiring public agency or person from the number of years that remained on the original contract at the time of acquisition.
(h)If, after approval of a certified solar project, the certified solar project owner determines that it will not for any reason actually locate on that land or any part thereof the approved certified solar project, the certified solar project owner shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was approved for development as a certified solar project from the number of years that remained on the original contract at the time of acquisition. Nothing herein shall preclude a landowner from seeking reenrollment of land developed as a certified solar project after the end of the useful life of the project and the land is restored to agricultural use consistent with this chapter.
(i)For the purposes of this section, certified solar project means a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity and certified under Chapter 6.5 (commencing with Section 21178) of Division 13 of the Public Resources Code.
The Legislature finds and declares all of the following:
(a)California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
(b)The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for California to provide 100 percent of its retail sales from zero emission zero-emission sources by 2045.
(c)Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 20,000 45,000 megawatts by 2035, with a total of at least 62,000 68,000 megawatts added to the grid by 2045 to meet the states decarbonization and reliability goals.
(d)Concurrently, the state has established a 30X30 30x30 plan to conserve 30 percent of land and water from development.
(e)California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
(f)It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
(g)California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the temporary use of land these lands for solar projects is one revenue tool to preserve the states farms.
(h)There is value in incentivizing solar in least-conflict areas while facilitating achievement of our states renewable mandates.(i)A suspension of the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) for solar use will result in local revenue benefits attributable to a higher rate of property tax on the land and taxation of any new property improvement.(j)An exception to Williamson Act suspension, which allows temporary use of land for solar, may be even more beneficial to local communities if combined with a community benefit agreement with local community groups, uniquely deployed only in conjunction with a Williamson Act suspension.(k)(i)In requiring community benefit agreements specifically in conjunction with a Williamson Act suspension, nullification or fee waiver, it is not the intent of the Legislature to create a new, universal tool for land use policy.
SEC. 2.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:(a)City means any city or city and county.(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c)Solar-use easement means any right or interest acquired by a city or county for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the city or county running with the land for a term of years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic and appurtenant clean energy facilities, during which time the provisions of any contract entered into under Chapter 7 (commencing with Section 51200) binding all or a portion of the land that is under the solar-use easement and that meets the criteria set forth in subdivision (a) of Section 51191 would be inoperative, and the land would be enforceably restricted pursuant to this chapter.SEC. 3.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a landowner shall make a determination, based on substantial evidence, on whether a parcel or parcels is eligible for conversion of an agricultural land conservation contract under Section 51255.1 into a solar-use easement if all of the following criteria are met:(1)The land meets one or more of the following criteria:(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C)The land has or will have insufficient surface water or groundwater available that results in significantly reduced agricultural production for agricultural activities. Insufficient surface or groundwater conditions shall meet all of the following:(i)The land is located within a groundwater basin designated as high priority in the most recent Bulletin 118 by the Department of Water Resources.(ii)Water deliveries to the parcel or parcels have been reduced or curtailed by a water district or governmental agency by a substantial amount for multiple consecutive years due to drought or other shortages, resulting in significantly reduced water availability for the parcel or parcels.(2)The land meets all of the following criteria:(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(B)The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.(C)The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that a parcel or parcels are eligible to be placed in a solar-use easement based on the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use of the parcel for agricultural activities, including insufficient water supplies. For purposes of this section, the important farmland designations shall not be changed solely due to irrigation status.(b)To assist in the determination described in this section, the city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5)Crop and yield information for the past six years.(c)(1)The landowner shall provide the Department of Conservation with a proposed management plan describing:(A)How the soil will be managed during the life of the easement.(B)How impacts to adjacent agricultural operations will be minimized.(C)How the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement.(2)If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d)A determination of eligibility by the Department of Conservation pursuant to this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall not be interpreted to exempt the photovoltaic solar facility from Division 13 (commencing with Section 21000) of the Public Resources Code.(e)(1)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(2)Within 30 days of receiving the application package, the Department of Conservation shall review the application for completeness and identify any materials required to make the application complete. If no determination of completeness is made within 30 days, the application shall be deemed complete. The Department of Conservation shall not request additional materials beyond those identified in subdivisions (a), (b), and (c).(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.SEC. 4.Section 51191.1 of the Government Code is amended to read:51191.1.(a)Any city or county may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.(b)At least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, the landowner shall notify any relevant workforce in writing of its intent to enter into a solar-use easement, including the time and location of the meeting for the city or county to take action on entering into an agreement.SEC. 5.Section 51191.2 of the Government Code is amended to read:51191.2.The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute an enforceable restriction of those lands for solar photovoltaic and appurtenant clean energy facilities. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is served as provided in Section 51192.SEC. 6.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A city or county may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b)The deed or restriction may include, but is not limited to, the following:(1)Mitigation measures identified on the land that is subject to the solar-use easement. Any mitigation measure imposed under this paragraph shall have an essential nexus between the measure and the impact to be mitigated. Each measure shall be roughly proportional to the impact being mitigated.(2)If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(3)Provision for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.(4)Provision for necessary amendments by the parties, including, but not limited to, amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.(c)The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this section.(d)This section does not supersede or limit the authority of a city or county to require measures to ensure that activities on the restricted land do not interfere with activities on adjacent land and vice versa, such as maintenance of adequate fencing, or otherwise impair a citys or a countys authority under Section 7 of Article XI of the California Constitution.SEC. 7.Section 51191.4 of the Government Code is amended to read:51191.4.A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been approved and accepted by resolution of the governing body of the city or county accepts the deed or instrument.SEC. 8.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the city or county shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.SEC. 9.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:(1)Community benefits agreement means a legally binding and enforceable agreement between the developer of the photovoltaic solar facility and the city or county in which the photovoltaic solar facility is located for the developer of the photovoltaic solar facility to provide community benefits to the local community.(2)Community benefits pursuant to this subdivision means any of the following:(A)Job creation and training programs for local residents or farm workers.(B)Financial contributions that benefit farm youth training programs or agricultural trade programs.(C)Financial contributions to community projects for groundwater recharge or water conservation programs.(D)Financial contributions that benefit land preservation.(E)Financial contributions to agricultural innovation research.(F)Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.(G)Financial contributions for community improvements or amenities including, but not limited to, park and playground equipment, urban greening or enhanced safety crossing, and paving roads and bike paths.(3)Local community means the city or county in which the photovoltaic solar facility is located or a workforce development and training organization, labor union, land trust, community foundation, state agricultural extension service providing local assistance to growers, or local governmental agency or local nonprofit with responsibilities covering topics in paragraph (2).(b)A city or county shall require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with the city or county.(c)The community benefits agreement shall ensure the following:(1)That community benefits provided pursuant to this section supplement, but do not supplant, resources the developer is required to provide pursuant to any other law.(2)That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.(d)This section does not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.(e)(1)To inform the agreements set forth in subdivision (a), the developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:(A)Notice shall consist of:(i)A mail notification to landowners adjacent to the boundary of the proposed solar-use easement site.(ii)Circulating a notice in a newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar-use easement, describing the proposed community benefit agreements pursuant to this section, along with providing the time, location, and agenda for the public meeting.(B)The public meeting may be consolidated with another administrative meeting or hearing on the project and shall:(i)Be located within the jurisdiction of the solar-use easement.(ii)Solicit input on the proposed community benefit agreements pursuant to this section.(2)Nothing in this subdivision shall limit the developer from further engagement with residents of communities near the project site for purposes of developing the community benefit agreement.SEC. 10.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b)If the landowner desires in any year not to renew an annually self-renewing solar-use easement on all or a portion of the parcel, the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.(c)(1)A city or county may serve written notice of nonrenewal for an annually self-renewing solar-use easement under any of the following circumstances:(A)If the city or county makes a formal finding of either of the following after notice and a public hearing:(i)The landowner has materially failed to comply with the terms and conditions of the solar-use easement.(ii)The solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance.(B)At the end of the photovoltaic solar facilitys operating life, as set forth in the application for entry into a solar-use easement or otherwise determined based upon substantial evidence.(2)If notice of nonrenewal is served pursuant to this subdivision, the solar-use easement shall not thereafter be considered renewed, as provided in Section 51191.2, in any year during the remainder of the term of the solar-use easement.SEC. 11.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished with respect to any land because of a notice of nonrenewal pursuant to Section 51192, or due to termination or mutual consent, or as the result of an adjustment to the boundaries of the easement pursuant to paragraph (4) of subdivision (b) of Section 51191.3, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished, and the provisions of any preexisting contract entered into under Chapter 7 (commencing with Section 51200) shall once again be operative and in full force and effect.SEC. 12.Section 51192.2 of the Government Code is repealed.SEC. 13.Section 51255.1 of the Government Code is repealed.SEC. 14.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, the provisions of any contract under this chapter affecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) and for which a solar-use easement has been entered into by a local government shall be inoperative for the term of the solar-use easement, and the land shall be enforceably restricted pursuant to Chapter 6.9 (commencing with Section 51190). This conversion shall occur notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.SEC. 15.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b)This division does not apply to any of the following activities:(1)Ministerial projects proposed to be carried out or approved by public agencies.(2)Emergency repairs to public service facilities necessary to maintain service.(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4)Specific actions necessary to prevent or mitigate an emergency.(5)Projects that a public agency rejects or disapproves.(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9)All classes of projects designated pursuant to Section 21084.(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.SEC. 15.5.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b)This division does not apply to any of the following activities:(1)Ministerial projects proposed to be carried out or approved by public agencies.(2)Emergency repairs to public service facilities necessary to maintain service.(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4)Specific actions necessary to prevent or mitigate an emergency.(5)Projects that a public agency rejects or disapproves.(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7)(A)Activities or approvals necessary for the bidding, hosting or staging of, and funding of, an Olympic Games and a Paralympic Games under the authority of the International Olympic Committee or the International Paralympic Committee, except for the construction of facilities necessary for the Olympic Games or Paralympic Games.(B)Notwithstanding subparagraph (A), the division does not apply to the construction of temporary facilities for the 2028 Olympic Games and Paralympic Games. For purposes of this subparagraph, temporary facility means a facility that will be completely removed and the area restored to a clean and safe condition within six months after the end of the 2028 Olympic Games and Paralympic Games.(C)Any confirmed changes to the locations of the competition venues of the 2028 Olympic Games and Paralympic Games venue plan, pursuant to the host city contract and games agreement with the City of Los Angeles, shall be noticed publicly on the organizing committees official internet website and shall be noticed in a newspaper or other medium of general circulation in the local jurisdiction notifying the public of the change in location of the venue.(D)This paragraph does not limit any other applicable statute or regulation governing impacts from temporary facilities to, among others, sensitive wildlife habitats, including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare, and threatened species.(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9)All classes of projects designated pursuant to Section 21084.(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.SEC. 16.Section 15.5 of this bill incorporates amendments to Section 21080 of the Public Resources Code proposed by this bill, Assembly Bill 149, and Senate Bill 149. That section of this bill shall only become operative if (1) this bill and either Assembly Bill 149 or Senate Bill 149 are enacted and become effective on or before January 1, 2026, (2) this bill and either Assembly Bill 149 or Senate Bill 149, as enacted, amends Section 21080 of the Public Resources Code, and (3) this bill is enacted after either Assembly Bill 149 or Senate Bill 149, in which case Section 21080 of the Public Resources Code, as amended by either Assembly Bill 149 or Senate Bill 149, shall remain operative only until the operative date of this bill, at which time Section 15.5 of this bill shall become operative, and Section 15 of this bill shall not become operative.SEC. 2.Section 51283 of the Government Code is amended to read:51283.(a)Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.
(b)Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 121/2 percent of the cancellation valuation of the property.
(c)If it finds that it is in the public interest to do so, the board or council may Secretary of the Natural Resources Agency may, upon application by the landowner, waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment payment, including, but not limited to, contracts canceled pursuant to Section 51297, contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all either of the following occur:
(1)The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
(2)The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required.(3)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time.(2)The cancellation meets all of the following:
(A)The cancellation is to facilitate a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity.
(B)The land is located within a basin or subbasin that is in a condition of critical overdraft at the time of submission.
(C)The developer of the facility has entered into a community benefit agreement with the local government in whose jurisdiction the facility is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code.
(i)The community benefits provided pursuant to this subparagraph shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(ii)The community benefits provided pursuant to this subparagraph shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(iii)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(I)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(II)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(III)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(ia)Be located within the jurisdiction of the proposed solar facility.
(ib)Solicit input on the proposed community benefit agreement.
(iv)This subparagraph shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(d)(1)The secretary shall approve a completed application for extension for making the payment or a portion of the payment by a landowner when it includes the following:
(A)An itemized application checklist.
(B)A copy of the local governments approval of the cancellation.
(C)An affidavit that the property is located in a critically overdrafted basin or subbasin.
(D)A map showing the property in relation to the critically overdrafted basin or subbasin.
(2)The secretary shall extend the time for 10 years for making the payment or a portion of the payment pursuant to this subdivision for an approved cancellation to facilitate a photovoltaic solar facility for the duration of the time remaining on the contract.
(3)If, prior to the end of the extension of time, the landowner attests and provides proof to the secretary that a solar project has been constructed on the property, the secretary shall waive any payment or any portion of a payment by a landowner.
(4)This subdivision shall remain operative only until January 1, 2037.
(d)(e)The first five million dollars ($5,000,000) of revenue paid to the Controller pursuant to subdivision (e) (f) in the 200405 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated by the Legislature, for the support of all of the following:
(1)The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570.
(2)The soil conservation program identified in Section 614 of the Public Resources Code.
(3)Program support costs of this chapter as administered by the Department of Conservation.
(4)Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2).
(5)The costs to the Department of Conservation for administering Section 51250.
(6)When available, after funding the duties of the Department of Conservation pursuant to paragraphs (1) through (5), inclusive, program support costs incurred by the department in carrying out the duties of the department pursuant to Sections 65565 and 66565.1.
(e)(f)When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) (e) of this section and subdivision (b) of Section 51283.1. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4.
(f)(g)It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 3.Section 51295 of the Government Code is amended to read:51295.(a)When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, or when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, or whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, or when that land is approved for use as a certified solar project, the contract shall be deemed null and void as to the land actually being condemned, or so acquired acquired, or approved for use as of the date the action is filed, filed or the use is approved, and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed. In the case of approved certified solar projects, the contract shall be deemed null and void only if the developer has entered into a community benefit agreement with the local government in whose jurisdiction the certified solar project is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code and the project site is located on land within a basin or subbasin that is in a condition of critical overdraft at the time of certification.
(1)The community benefits provided pursuant to this subdivision shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law.
(2)The community benefits provided pursuant to this subdivision shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(3)The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(A)Mail a notice to landowners adjacent to the boundary of the proposed solar facility.
(B)Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting.
(C)Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following:
(i)Be located within the jurisdiction of the proposed solar facility.
(ii)Solicit input on the proposed community benefit agreement.
(4)This subdivision shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
Upon(b)Upon the termination of the proceeding, the contract shall be null and void for all land actually taken or acquired. taken, acquired, or approved for use as a certified solar project.
When(c)When an action is commenced to condemn or acquire condemn, acquire, or approve for use as a certified solar project and related facilities less than all of a parcel of land subject to a contract is commenced, contract, the contract shall be deemed null and void as to the land actually condemned or acquired condemned, acquired, or approved for use as a certified solar project and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract.
When(d)When an action is commenced to condemn or acquire an interest that is less than the fee title of an entire parcel or any portion thereof of land subject to a contract is commenced, or to approve a certified solar project to be developed under such an interest, the contract shall be deemed null and void as to that interest and, for the purpose of establishing the value of only that interest, shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract.
The(e)The land actually taken or approved for use as a certified solar project shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken for a public improvement, improvement or approved for use as a certified solar project, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, or when a certified solar project is approved for development on a portion of the land or under an interest in the land that is less than the fee title, the contract may be canceled with respect to the remaining portion or interest upon petition of either party and pursuant to the provisions of Article 5 (commencing with Section 51280).
For(f)For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the contract is continued on the remaining portion or interest in the land, may satisfy the requirements of subdivision (a) of Section 51282.
If,(g)If, after acquisition, the acquiring public agency determines that it will not for any reason actually locate on that land or any part thereof, the public improvement for which the land was acquired, before returning the land to private ownership, the public agency shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was held by the acquiring public agency or person from the number of years that remained on the original contract at the time of acquisition.
(h)If, after approval of a certified solar project, the certified solar project owner determines that it will not for any reason actually locate on that land or any part thereof the approved certified solar project, the certified solar project owner shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was approved for development as a certified solar project from the number of years that remained on the original contract at the time of acquisition. Nothing herein shall preclude a landowner from seeking reenrollment of land developed as a certified solar project after the end of the useful life of the project and the land is restored to agricultural use consistent with this chapter.
(i)For the purposes of this section, certified solar project means a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity and certified under Chapter 6.5 (commencing with Section 21178) of Division 13 of the Public Resources Code.
The Legislature finds and declares all of the following:
(a)California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
(b)The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for California to provide 100 percent of its retail sales from zero emission sources by 2045.
(c)Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 20,000 megawatts by 2035, with a total of at least 62,000 megawatts added to the grid by 2045 to meet the states decarbonization goals.
(d)Concurrently, the state has established a 30X30 plan to conserve 30 percent of land and water from development.
(e)California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
(f)It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
(g)California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the temporary use of land for solar projects is one revenue tool to preserve the states farms.
(h)There is value in incentivizing solar in least-conflict areas while facilitating achievement of our states renewable mandates.
(i)A suspension of the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) for solar use will result in local revenue benefits attributable to a higher rate of property tax on the land and taxation of any new property improvement.
(j)An exception to Williamson Act suspension, which allows temporary use of land for solar, may be even more beneficial to local communities if combined with a community benefit agreement with local community groups, uniquely deployed only in conjunction with a Williamson Act suspension.
(k)In requiring community benefit agreements specifically in conjunction with a Williamson Act suspension, it is not the intent of the Legislature to create a new, universal tool for land use policy.
SEC. 2.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a city or county for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the city or county running with the land for a term of years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic and appurtenant clean energy facilities, during which time the provisions of any contract entered into under Chapter 7 (commencing with Section 51200) binding all or a portion of the land that is under the solar-use easement and that meets the criteria set forth in subdivision (a) of Section 51191 would be inoperative, and the land would be enforceably restricted pursuant to this chapter.
SEC. 3.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a landowner shall make a determination, based on substantial evidence, on whether a parcel or parcels is eligible for conversion of an agricultural land conservation contract under Section 51255.1 into a solar-use easement if all of the following criteria are met:
(1)The land meets one or more of the following criteria:
(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C)The land has or will have insufficient surface water or groundwater available that results in significantly reduced agricultural production for agricultural activities. Insufficient surface or groundwater conditions shall meet all of the following:
(i)The land is located within a groundwater basin designated as high priority in the most recent Bulletin 118 by the Department of Water Resources.
(ii)Water deliveries to the parcel or parcels have been reduced or curtailed by a water district or governmental agency by a substantial amount for multiple consecutive years due to drought or other shortages, resulting in significantly reduced water availability for the parcel or parcels.
(2)The land meets all of the following criteria:
(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(B)The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(C)The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that a parcel or parcels are eligible to be placed in a solar-use easement based on the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use of the parcel for agricultural activities, including insufficient water supplies. For purposes of this section, the important farmland designations shall not be changed solely due to irrigation status.
(b)To assist in the determination described in this section, the city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5)Crop and yield information for the past six years.
(c)(1)The landowner shall provide the Department of Conservation with a proposed management plan describing:
(A)How the soil will be managed during the life of the easement.
(B)How impacts to adjacent agricultural operations will be minimized.
(C)How the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement.
(2)If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d)A determination of eligibility by the Department of Conservation pursuant to this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall not be interpreted to exempt the photovoltaic solar facility from Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)(1)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(2)Within 30 days of receiving the application package, the Department of Conservation shall review the application for completeness and identify any materials required to make the application complete. If no determination of completeness is made within 30 days, the application shall be deemed complete. The Department of Conservation shall not request additional materials beyond those identified in subdivisions (a), (b), and (c).
(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 4.Section 51191.1 of the Government Code is amended to read:51191.1.(a)Any city or county may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
(b)At least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, the landowner shall notify any relevant workforce in writing of its intent to enter into a solar-use easement, including the time and location of the meeting for the city or county to take action on entering into an agreement.
SEC. 5.Section 51191.2 of the Government Code is amended to read:51191.2.The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute an enforceable restriction of those lands for solar photovoltaic and appurtenant clean energy facilities. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is served as provided in Section 51192.
SEC. 6.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A city or county may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b)The deed or restriction may include, but is not limited to, the following:
(1)Mitigation measures identified on the land that is subject to the solar-use easement. Any mitigation measure imposed under this paragraph shall have an essential nexus between the measure and the impact to be mitigated. Each measure shall be roughly proportional to the impact being mitigated.
(2)If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(3)Provision for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.
(4)Provision for necessary amendments by the parties, including, but not limited to, amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.
(c)The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this section.
(d)This section does not supersede or limit the authority of a city or county to require measures to ensure that activities on the restricted land do not interfere with activities on adjacent land and vice versa, such as maintenance of adequate fencing, or otherwise impair a citys or a countys authority under Section 7 of Article XI of the California Constitution.
SEC. 7.Section 51191.4 of the Government Code is amended to read:51191.4.A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been approved and accepted by resolution of the governing body of the city or county accepts the deed or instrument.
SEC. 8.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the city or county shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 9.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:
(1)Community benefits agreement means a legally binding and enforceable agreement between the developer of the photovoltaic solar facility and the city or county in which the photovoltaic solar facility is located for the developer of the photovoltaic solar facility to provide community benefits to the local community.
(2)Community benefits pursuant to this subdivision means any of the following:
(A)Job creation and training programs for local residents or farm workers.
(B)Financial contributions that benefit farm youth training programs or agricultural trade programs.
(C)Financial contributions to community projects for groundwater recharge or water conservation programs.
(D)Financial contributions that benefit land preservation.
(E)Financial contributions to agricultural innovation research.
(F)Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
(G)Financial contributions for community improvements or amenities including, but not limited to, park and playground equipment, urban greening or enhanced safety crossing, and paving roads and bike paths.
(3)Local community means the city or county in which the photovoltaic solar facility is located or a workforce development and training organization, labor union, land trust, community foundation, state agricultural extension service providing local assistance to growers, or local governmental agency or local nonprofit with responsibilities covering topics in paragraph (2).
(b)A city or county shall require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with the city or county.
(c)The community benefits agreement shall ensure the following:
(1)That community benefits provided pursuant to this section supplement, but do not supplant, resources the developer is required to provide pursuant to any other law.
(2)That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(d)This section does not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(e)(1)To inform the agreements set forth in subdivision (a), the developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(A)Notice shall consist of:
(i)A mail notification to landowners adjacent to the boundary of the proposed solar-use easement site.
(ii)Circulating a notice in a newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar-use easement, describing the proposed community benefit agreements pursuant to this section, along with providing the time, location, and agenda for the public meeting.
(B)The public meeting may be consolidated with another administrative meeting or hearing on the project and shall:
(i)Be located within the jurisdiction of the solar-use easement.
(ii)Solicit input on the proposed community benefit agreements pursuant to this section.
(2)Nothing in this subdivision shall limit the developer from further engagement with residents of communities near the project site for purposes of developing the community benefit agreement.
SEC. 10.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b)If the landowner desires in any year not to renew an annually self-renewing solar-use easement on all or a portion of the parcel, the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(c)(1)A city or county may serve written notice of nonrenewal for an annually self-renewing solar-use easement under any of the following circumstances:
(A)If the city or county makes a formal finding of either of the following after notice and a public hearing:
(i)The landowner has materially failed to comply with the terms and conditions of the solar-use easement.
(ii)The solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance.
(B)At the end of the photovoltaic solar facilitys operating life, as set forth in the application for entry into a solar-use easement or otherwise determined based upon substantial evidence.
(2)If notice of nonrenewal is served pursuant to this subdivision, the solar-use easement shall not thereafter be considered renewed, as provided in Section 51191.2, in any year during the remainder of the term of the solar-use easement.
SEC. 11.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished with respect to any land because of a notice of nonrenewal pursuant to Section 51192, or due to termination or mutual consent, or as the result of an adjustment to the boundaries of the easement pursuant to paragraph (4) of subdivision (b) of Section 51191.3, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished, and the provisions of any preexisting contract entered into under Chapter 7 (commencing with Section 51200) shall once again be operative and in full force and effect.
SEC. 12.Section 51192.2 of the Government Code is repealed.SEC. 13.Section 51255.1 of the Government Code is repealed.SEC. 14.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, the provisions of any contract under this chapter affecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) and for which a solar-use easement has been entered into by a local government shall be inoperative for the term of the solar-use easement, and the land shall be enforceably restricted pursuant to Chapter 6.9 (commencing with Section 51190). This conversion shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 15.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
SEC. 15.5.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)(A)Activities or approvals necessary to the bidding for, for the bidding, hosting or staging of, and funding or carrying out of, an Olympic Games and a Paralympic Games under the authority of the International Olympic Committee or the International Paralympic Committee, except for the construction of facilities necessary for the Olympic Games. Games or Paralympic Games.
(B)Notwithstanding subparagraph (A), the division does not apply to the construction of temporary facilities for the 2028 Olympic Games and Paralympic Games. For purposes of this subparagraph, temporary facility means a facility that will be completely removed and the area restored to a clean and safe condition within six months after the end of the 2028 Olympic Games and Paralympic Games.
(C)Any confirmed changes to the locations of the competition venues of the 2028 Olympic Games and Paralympic Games venue plan, pursuant to the host city contract and games agreement with the City of Los Angeles, shall be noticed publicly on the organizing committees official internet website and shall be noticed in a newspaper or other medium of general circulation in the local jurisdiction notifying the public of the change in location of the venue.
(D)This paragraph does not limit any other applicable statute or regulation governing impacts from temporary facilities to, among others, sensitive wildlife habitats, including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare, and threatened species.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
SEC. 16.Section 15.5 of this bill incorporates amendments to Section 21080 of the Public Resources Code proposed by this bill, Assembly Bill 149, and Senate Bill 149. That section of this bill shall only become operative if (1) this bill and either Assembly Bill 149 or Senate Bill 149 are enacted and become effective on or before January 1, 2026, (2) this bill and either Assembly Bill 149 or Senate Bill 149, as enacted, amends Section 21080 of the Public Resources Code, and (3) this bill is enacted after either Assembly Bill 149 or Senate Bill 149, in which case Section 21080 of the Public Resources Code, as amended by either Assembly Bill 149 or Senate Bill 149, shall remain operative only until the operative date of this bill, at which time Section 15.5 of this bill shall become operative, and Section 15 of this bill shall not become operative.
The Legislature finds and declares all of the following:
(a)California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
(b)The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for California to provide 100 percent of its retail sales from zero emission sources by 2045.
(c)Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 20,000 megawatts by 2035, with a total of at least 62,000 megawatts added to the grid by 2045 to meet the states decarbonization goals.
(d)Concurrently, the state has established a 30X30 plan to conserve 30 percent of land and water from development.
(e)California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
(f)It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
(g)California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the temporary use of land for solar projects is one revenue tool to preserve the states farms.
(h)There is value in incentivizing solar in least-conflict areas while facilitating achievement of our states renewable mandates.
(i)A suspension of the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) for solar use will result in local revenue benefits attributable to a higher rate of property tax on the land and taxation of any new property improvement.
(j)An exception to Williamson Act suspension, which allows temporary use of land for solar, may be even more beneficial to local communities if combined with a community benefit agreement with local community groups, uniquely deployed only in conjunction with a Williamson Act suspension.
(k)In requiring community benefit agreements specifically in conjunction with a Williamson Act suspension, it is not the intent of the Legislature to create a new, universal tool for land use policy.
SECTION 1.SEC. 2.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a city or county for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the city or county running with the land for a term of years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic and appurtenant clean energy facilities, during which time the provisions of any contract entered into under Chapter 7 (commencing with Section 51200) binding all or a portion of the land that is under the solar-use easement and that meets the criteria set forth in subdivision (a) of Section 51191 would be inoperative, and the land would be enforceably restricted pursuant to this chapter.
SEC. 2.SEC. 3.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a landowner may determine, shall make a determination, based on substantial evidence, that on whether a parcel or parcels is eligible for conversion of an agricultural land conservation contract under Section 51255.1 into a solar-use easement if all of the following criteria are met:
(1)The land meets one or more of the following criteria:
(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C)There is or will be insufficient surface water or groundwater available, or insufficient surface water and groundwater available, to support commercially viable irrigated agricultural use.(C)The land has or will have insufficient surface water or groundwater available that results in significantly reduced agricultural production for agricultural activities. Insufficient surface or groundwater conditions shall meet all of the following:
(i)The land is located within a groundwater basin designated as high priority in the most recent Bulletin 118 by the Department of Water Resources.
(ii)Water deliveries to the parcel or parcels have been reduced or curtailed by a water district or governmental agency by a substantial amount for multiple consecutive years due to drought or other shortages, resulting in significantly reduced water availability for the parcel or parcels.
(2)The land meets both all of the following criteria:
(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(B)The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(C)The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that a parcel or parcels are eligible to be placed in a solar-use easement based on the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use of the parcel for agricultural activities, including insufficient water supplies. For purposes of this section, the important farmland designations shall not be changed solely due to irrigation status.
(b)To assist in the determination described in this section, the city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5)Crop and yield information for the past six years.
(c)(1)The landowner shall provide the Department of Conservation with a proposed management plan describing how describing:
(A)How the soil will be managed during the life of the easement, how easement.
(B)How impacts to adjacent agricultural operations will be minimized, how minimized.
(C)How the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If
(2)If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d)A determination of eligibility by the Department of Conservation pursuant to this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall not be interpreted to exempt the photovoltaic solar facility from Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)(1)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(2)Within 30 days of receiving the application package, the Department of Conservation shall review the application for completeness and identify any materials required to make the application complete. If no determination of completeness is made within 30 days, the application shall be deemed complete. The Department of Conservation shall not request additional materials beyond those identified in subdivisions (a), (b), and (c).
(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 3.SEC. 4.Section 51191.1 of the Government Code is amended to read:51191.1.(a)Any city or county may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
(b)At least 14 days prior to the meeting at which the city or county decides whether to enter into the agreement, the landowner shall notify any relevant workforce in writing of its intent to enter into a solar-use easement, including the time and location of the meeting for the city or county to take action on entering into an agreement.
SEC. 4.SEC. 5.Section 51191.2 of the Government Code is amended to read:51191.2.The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute an enforceable restriction of those lands for solar photovoltaic and appurtenant clean energy facilities. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is served as provided in Section 51192.
SEC. 5.SEC. 6.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A city or county may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b)The deed or restriction may include, but is not limited to, the following:
(1)Mitigation measures identified on the land that is subject to the solar-use easement. Any mitigation measure imposed under this paragraph shall have an essential nexus between the measure and the impact to be mitigated. Each measure shall be roughly proportional to the impact being mitigated.
(1)(2)If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(2)(3)Provision for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.
(3)(4)Provision for necessary amendments by the parties, including, but not limited to, amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.
(c)The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this section.
(d)This section does not supersede or limit the authority of a city or county to require measures to ensure that activities on the restricted land do not interfere with activities on adjacent land and vice versa, such as maintenance of adequate fencing, or otherwise impair a citys or a countys authority under Section 7 of Article XI of the California Constitution.
SEC. 6.SEC. 7.Section 51191.4 of the Government Code is amended to read:51191.4.A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been approved and accepted by resolution of the governing body of the city or county accepts the deed or instrument.
SEC. 7.SEC. 8.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the city or county shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 8.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:(1)Community benefits agreement means an agreement that provides specific benefits to the local community, including, but not limited to, all of the following:(A)Job creation and training programs for local residents.(B)Use of local businesses and vendors.(C)Financial contributions to community development projects and programs.(2)Local community means the city or county in which the photovoltaic solar facility is located, including any other local governmental agencies or community-based organizations located within that city or county.(b)A city or county may require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with one or more local communities.(c)This section does not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.SEC. 9.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:
(1)Community benefits agreement means a legally binding and enforceable agreement between the developer of the photovoltaic solar facility and the city or county in which the photovoltaic solar facility is located for the developer of the photovoltaic solar facility to provide community benefits to the local community.
(2)Community benefits pursuant to this subdivision means any of the following:
(A)Job creation and training programs for local residents or farm workers.
(B)Financial contributions that benefit farm youth training programs or agricultural trade programs.
(C)Financial contributions to community projects for groundwater recharge or water conservation programs.
(D)Financial contributions that benefit land preservation.
(E)Financial contributions to agricultural innovation research.
(F)Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
(G)Financial contributions for community improvements or amenities including, but not limited to, park and playground equipment, urban greening or enhanced safety crossing, and paving roads and bike paths.
(3)Local community means the city or county in which the photovoltaic solar facility is located or a workforce development and training organization, labor union, land trust, community foundation, state agricultural extension service providing local assistance to growers, or local governmental agency or local nonprofit with responsibilities covering topics in paragraph (2).
(b)A city or county shall require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with the city or county.
(c)The community benefits agreement shall ensure the following:
(1)That community benefits provided pursuant to this section supplement, but do not supplant, resources the developer is required to provide pursuant to any other law.
(2)That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
(d)This section does not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(e)(1)To inform the agreements set forth in subdivision (a), the developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows:
(A)Notice shall consist of:
(i)A mail notification to landowners adjacent to the boundary of the proposed solar-use easement site.
(ii)Circulating a notice in a newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar-use easement, describing the proposed community benefit agreements pursuant to this section, along with providing the time, location, and agenda for the public meeting.
(B)The public meeting may be consolidated with another administrative meeting or hearing on the project and shall:
(i)Be located within the jurisdiction of the solar-use easement.
(ii)Solicit input on the proposed community benefit agreements pursuant to this section.
(2)Nothing in this subdivision shall limit the developer from further engagement with residents of communities near the project site for purposes of developing the community benefit agreement.
SEC. 9.SEC. 10.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b)If the landowner desires in any year not to renew an annually self-renewing solar-use easement on all or a portion of the parcel, the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(c)(1)A city or county may serve written notice of nonrenewal for an annually self-renewing solar-use easement under any of the following circumstances:
(A)If the city or county makes a formal finding of either of the following after notice and a public hearing:
(i)The landowner has materially failed to comply with the terms and conditions of the solar-use easement.
(ii)The solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance.
(B)At the end of the photovoltaic solar facilitys operating life, as set forth in the application for entry into a solar-use easement or otherwise determined based upon substantial evidence.
(2)If notice of nonrenewal is served pursuant to this subdivision, the solar-use easement shall not thereafter be considered renewed, as provided in Section 51191.2, in any year during the remainder of the term of the solar-use easement.
SEC. 10.SEC. 11.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished with respect to any land because of a notice of nonrenewal pursuant to Section 51192, or due to termination or mutual consent, or as the result of an adjustment to the boundaries of the easement pursuant to paragraph (3) (4) of subdivision (b) of Section 51191.3, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished, and the provisions of any preexisting contract entered into under Chapter 7 (commencing with Section 51200) shall once again be operative and in full force and effect.
SEC. 11.SEC. 12.Section 51192.2 of the Government Code is repealed.SEC. 12.SEC. 13.Section 51255.1 of the Government Code is repealed.SEC. 13.SEC. 14.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, the provisions of any contract under this chapter affecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) 51190) and for which a solar-use easement has been entered into by a local government shall be inoperative for the term of the solar-use easement, and the land shall be enforceably restricted pursuant to Chapter 6.9 (commencing with Section 51190). This conversion shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 14.SEC. 15.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a city or county for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the city or county running with the land for a term of years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended. the provisions of any contract entered into under Chapter 7 (commencing with Section 51200) binding all or a portion of the land that is under the solar-use easement and that meets the criteria set forth in subdivision (a) of Section 51191 would be inoperative, and the land would be enforceably restricted pursuant to this chapter.
SEC. 2.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for suspension conversion of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:
(1)The land meets one or more of the following criteria:
(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C)There is or will be insufficient surface water or groundwater available, or insufficient surface water and groundwater available, to support commercially viable irrigated agricultural use.
(2)The land meets both of the following criteria:
(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(B)The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(b)To assist in the determination described in this section, the city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5)Crop and yield information for the past six years.
(c)The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d)A determination of eligibility by the Department of Conservation pursuant to this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall not be interpreted to exempt the photovoltaic solar facility from Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 3.Section 51191.1 of the Government Code is amended to read:51191.1.Any city or county may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
SEC. 4.Section 51191.2 of the Government Code is amended to read:51191.2.Any The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute an enforceable restriction of those lands for solar photovoltaic and appurtenant clean energy facilities. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is served as provided in Section 51192.
SEC. 5.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A city or county may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b)The deed or restriction may include, but is not limited to, the following:
(1)If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(2)Provision for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.
(3)Provision for necessary amendments by the parties, including, but not limited to, amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.
(c)The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this section.
(d)This section does not supersede or limit the authority of a city or county to require measures to ensure that activities on the restricted land do not interfere with activities on adjacent land and vice versa, such as maintenance of adequate fencing, or otherwise impair a citys or a countys authority under Section 7 of Article XI of the California Constitution.
SEC. 6.Section 51191.4 of the Government Code is amended to read:51191.4.A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved and accepted by resolution of the governing body of the city or county accepts the deed or instrument.
SEC. 7.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the city or county shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 8.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:
(1)Community benefits agreement means an agreement that provides specific benefits to the local community, including, but not limited to, all of the following:
(A)Job creation and training programs for local residents.
(B)Use of local businesses and vendors.
(C)Financial contributions to community development projects and programs.
(2)Local community means the city or county in which the photovoltaic solar facility is located, including any other local governmental agencies or community-based organizations located within that city or county.
(b)A city or county may require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with one or more local communities.
(c)This section does not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
SEC. 9.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b)If the landowner desires in any year not to renew the an annually self-renewing solar-use easement on all or a portion of the parcel, the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(c)A city or county may, at the end of the photovoltaic solar facilitys operating life, serve notice of nonrenewal upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.(c)(1)A city or county may serve written notice of nonrenewal for an annually self-renewing solar-use easement under any of the following circumstances:
(A)If the city or county makes a formal finding of either of the following after notice and a public hearing:
(i)The landowner has materially failed to comply with the terms and conditions of the solar-use easement.
(ii)The solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance.
(B)At the end of the photovoltaic solar facilitys operating life, as set forth in the application for entry into a solar-use easement or otherwise determined based upon substantial evidence.
(2)If notice of nonrenewal is served pursuant to this subdivision, the solar-use easement shall not thereafter be considered renewed, as provided in Section 51191.2, in any year during the remainder of the term of the solar-use easement.
SEC. 10.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished with respect to any land because of a notice of nonrenewal by the landowner, pursuant to Section 51192, or due to termination, termination or mutual consent, or by the city or county pursuant to subdivision (c) of Section 51192, as the result of an adjustment to the boundaries of the easement pursuant to paragraph (3) of subdivision (b) of Section 51191.3, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished, and the suspension of the land conservation contract shall terminate and the contract provisions of any preexisting contract entered into under Chapter 7 (commencing with Section 51200) shall once again be operative and in full force and effect.
SEC. 11.Section 51192.2 of the Government Code is repealed.SEC. 12.Section 51255.1 of the Government Code is repealed.SEC. 13.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting the provisions of any contract under this chapter affecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by a local government shall be suspended inoperative for the term of the solar use easement. solar-use easement, and the land shall be enforceably restricted pursuant to Chapter 6.9 (commencing with Section 51190). This suspension conversion shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 14.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a county, city, or the Energy Commission city or county for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or Energy Commission city or county running with the land for a term of years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
SEC. 2.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:
(1)The land meets one or more of the following criteria:
(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C)There are is or will be insufficient surface water or groundwater rights associated with the land available, or insufficient surface water and groundwater available, to support commercially viable irrigated agricultural use.
(2)The land meets both of the following criteria:
(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(B)The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(b)To assist in the determination described in this section, the city, county, or Energy Commission city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5)Crop and yield information for the past six years.
(c)The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city, county, or Energy Commission city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d)A determination of eligibility by the Department of Conservation pursuant to this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall not be interpreted to exempt the photovoltaic solar facility from Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 3.Section 51191.1 of the Government Code is amended to read:51191.1.Any county or city, or the Energy Commission, city or county may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
SEC. 4.Section 51191.2 of the Government Code is amended to read:51191.2.Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is served as provided in Section 51192.
SEC. 5.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A county or city, or the Energy Commission, city or county may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b)The deed or restriction may include, but is not limited to, the following:
(1)If deemed necessary by the city, county, or Energy Commission city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(2)Provision for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.
(2)(3)Provision for necessary amendments by the parties parties, including, but not limited to, amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.
(c)The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this section.
SEC. 6.Section 51191.4 of the Government Code is amended to read:51191.4.A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city or the Energy Commission city or county accepts the deed or instrument.
SEC. 7.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the county, city, or Energy Commission city or county shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 8.Section 51191.5.5 is added to the Government Code, to read:51191.5.5.(a)For the purposes of this section, the following definitions shall apply:
(1)Community benefits agreement means an agreement that provides specific benefits to the local community, including, but not limited to, all of the following:
(A)Job creation and training programs for local residents.
(B)Use of local businesses and vendors.
(C)Financial contributions to community development projects and programs.
(2)Local community means the city or county in which the photovoltaic solar facility is located, including any other local governmental agencies or community-based organizations located within that city or county.
(b)A city or county may require, as a condition of entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with one or more local communities.
SEC. 8.SEC. 9.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b)If the landowner desires in any year not to renew the solar-use easement on all or a portion of the parcel, the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(c)A city or county may, at the end of the photovoltaic solar facilitys operating life, serve notice of nonrenewal upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
SEC. 9.SEC. 10.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner, due to termination, or mutual consent, or by the city or county pursuant to subdivision (c) of Section 51192, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
SEC. 10.SEC. 11.Section 51192.2 of the Government Code is repealed.SEC. 11.SEC. 12.Section 51255.1 of the Government Code is repealed.SEC. 12.SEC. 13.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or a local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 13.SEC. 14.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
SEC. 2.Section 51191 of the Government Code is amended to read:51191.(a)For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:
(1)The land meets either one or more of the following: following criteria:
(A)The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B)The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C)There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.
(2)The land meets both of the following criteria:
(A)The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(2)(B)The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(b)To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1)A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2)A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3)An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4)An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5)Crop and yield information for the past six years.
(c)The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d)A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(e)(f)The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 3.Section 51191.1 of the Government Code is amended to read:51191.1.Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
SEC. 4.Section 51191.2 of the Government Code is amended to read:51191.2.The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
SEC. 5.Section 51191.3 of the Government Code is amended to read:51191.3.(a)A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b)The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following:
(1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1)If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(4)(2)Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.
(c)For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
SEC. 6.Section 51191.4 of the Government Code is amended to read:51191.4.No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
SEC. 7.Section 51191.5 of the Government Code is amended to read:51191.5.(a)During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b)Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 8.Section 51192 of the Government Code is amended to read:51192.(a)A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b)(1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be. SEC. 9.Section 51192.1 of the Government Code is amended to read:51192.1.In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
SEC. 10.Section 51192.2 of the Government Code is repealed.51192.2.(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 121/2 percent of the termination valuation of the property.(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 11.Section 51255.1 of the Government Code is repealed.51255.1.(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 1/4 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 1/2 percent if the land was held in a contract designating the property as a farmland security zone.(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 12.Section 51255.1 is added to the Government Code, to read:51255.1.(a)Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 13.Section 21080 of the Public Resources Code is amended to read:21080.(a)Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b)This division does not apply to any of the following activities:
(1)Ministerial projects proposed to be carried out or approved by public agencies.
(2)Emergency repairs to public service facilities necessary to maintain service.
(3)Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4)Specific actions necessary to prevent or mitigate an emergency.
(5)Projects that a public agency rejects or disapproves.
(6)Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7)Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8)The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9)All classes of projects designated pursuant to Section 21084.
(10)A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11)A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12)Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13)A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14)A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15)Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16)Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17)The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c)If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1)There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2)An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)(1)For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2)Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f)As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g)This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
SECTION 1.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:(a)City means any city or city and county.(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c)Solar-use easement means any right or interest acquired by a county or city for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.(d)The changes made to this section by the act that added this subdivision shall apply only to easements that were rescinded and converted to solar use pursuant to Section 51255.1 after January 1, 2026.As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a county, or city in perpetuity, county or city for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land, either in perpetuity or land for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.
(d)The changes made to this section by the act that added this subdivision shall apply only to easements that were rescinded and converted to solar use pursuant to Section 51255.1 after January 1, 2026.
|
Date
|
Status
|
|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State - Chapter 875, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Sep 14, 2026 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 6.). |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 6. Page 7068.). |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 31, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 31, 2026 | Assembly Rule 63 suspended. (Page 7068.) |
| Aug 31, 2026 | Assembly Rule 63 suspended. |
| Aug 31, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14.). |
| Aug 28, 2026 | From committee: Be re-referred to Com. on L. GOV. pursuant to Senate Rule 29.10 (b). (Ayes 5. Noes 0.) Re-referred to Com. on L. GOV. |
| Aug 28, 2026 | From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 1.) (August 28) |
| Aug 28, 2026 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (b). |
| Aug 28, 2026 | Read second time. Ordered to third reading. |
| Aug 27, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 27, 2026 | Ordered to third reading. |
| Aug 27, 2026 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Aug 27, 2026 | (Ayes 30. Noes 10.) |
| Jun 4, 2026 | In Senate. Held at Desk. |
| Jun 4, 2026 | Ordered to the Senate. |
| Jun 4, 2026 | From inactive file. |
| Sep 13, 2025 | Ordered to inactive file at the request of Assembly Member Wicks. |
| Sep 13, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2025 | Assembly Rule 63 suspended. (Page 3477.) |
| Sep 12, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 8. Page 2963.). |
| Sep 10, 2025 | Read second time. Ordered to third reading. |
| Sep 9, 2025 | Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2568.) |
| Sep 9, 2025 | Read third time and amended. Ordered to second reading. |
| Aug 29, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | From committee: Do pass. (Ayes 5. Noes 1.) (August 29). |
| Aug 18, 2025 | In committee: Referred to suspense file. |
| Jul 22, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 22, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 16). |
| Jul 9, 2025 | From committee: Do pass and re-refer to Com. on E.Q. (Ayes 5. Noes 0.) (July 9). Re-referred to Com. on E.Q. |
| Jun 18, 2025 | Referred to Coms. on L. GOV. and E.Q. |
| Jun 4, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 3, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 5. Page 2015.) |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | Read second time and amended. Ordered returned to second reading. |
| May 23, 2025 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 1.) (May 23). |
| May 23, 2025 | Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.) |
| May 21, 2025 | Joint Rule 62(a), file notice suspended. (Page 1627.) |
| May 21, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 14, 2025 | In committee: Hearing postponed by committee. |
| May 6, 2025 | Re-referred to Com. on APPR. |
| May 5, 2025 | Read second time and amended. |
| May 1, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 30). |
| Apr 24, 2025 | From committee: Do pass and re-refer to Com. on AGRI. (Ayes 16. Noes 0.) (April 23). Re-referred to Com. on AGRI. |
| Apr 23, 2025 | From committee: Do pass and re-refer to Com. on U. & E. (Ayes 9. Noes 0.) (April 23). Re-referred to Com. on U. & E. |
| Apr 10, 2025 | Assembly Rule 56 suspended. (Page 1114.) |
| Apr 10, 2025 | (Pending re-refer to Com. on U. & E.).) |
| Mar 24, 2025 | Re-referred to Com. on L. GOV. |
| Mar 20, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 10, 2025 | Referred to Coms. on L. GOV. and AGRI. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2026 | AB 1156 WICKS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2026 | Assembly 3rd Reading AB1156 Wicks By Laird | Senate Floor |
Passed |
|
| Aug 28, 2026 | That the measure be returned to Senate Floor for consideration. Ordered to third reading. | Senate Standing Committee on Local Government |
Passed |
|
| Sep 12, 2025 | Assembly 3rd Reading AB1156 Wicks By Laird | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 18, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 16, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Jul 9, 2025 | Do pass, but first be re-referred to the Committee on [Environmental Quality] | Senate Standing Committee on Local Government |
Passed |
|
| Jun 3, 2025 | AB 1156 Wicks Assembly Third Reading | Assembly Floor |
Passed |
|
| May 23, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Agriculture |
Passed |
|
| Apr 23, 2025 | Do pass and be re-referred to the Committee on [Agriculture] | Assembly Standing Committee on Utilities and Energy |
Passed |
|
| Apr 23, 2025 | Do pass and be re-referred to the Committee on [Utilities and Energy] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AES Clean Energy | ** Support | |
| AES Corporation | ** Support | |
| Almond Alliance | ** Support | |
| American Clean Power Association | ** Support | |
| American Clean Power- California | ** Support | |
| American Farmland Trust | ** Against | |
| Arevon | ** Support | |
| Avantus | ** Support | |
| Aypa Power Development LLC | ** Support | |
| CA & Nv State Association of Electrical Workers (IBEW) | ** Support | |
| CA Assn of Winegrape Growers | ** Support | |
| California Alliance with Family Farmers | ** Against | |
| California Cattlemen'S Association | ** Against | |
| California Certified Organic Farmers (Ccof) | ** Against | |
| California Climate & Agricultural Network (CALCAN) | ** Against | |
| California Environmental Voters (formerly Clcv) | ** Support | |
| California Farm Bureau Federation | ** Against | |
| California Farmland Trust | ** Against | |
| California Farmlink | ** Against | |
| California Rangeland Trust | ** Against | |
| California State Association Of Electrical Workers | ** Support | |
| California State Building And Construction Trades Council | ** Support | |
| California State Council Of Laborers | ** Support | |
| Candela Renewables | ** Support | |
| Clearway Energy Group LLC | ** Support | |
| Coalition of California Utility Employees | ** Support | |
| Community Alliance With Family Farmers | ** Against | |
| County of Fresno | ** Against | |
| County Of Kern | ** Against | |
| David Britz | ** Support | |
| Defenders Of Wildlife | ** Support | |
| EDP Renewables North America LLC | ** Support | |
| Edpr Na, LLC | ** Support | |
| EDPR North America | ** Support | |
| Filoli | ** Support | |
| Forebay Farms | ** Support | |
| Independent Energy Producers Association | ** Support | |
| Intersect Power | ** Support | |
| Invenergy Renewables LLC | ** Support | |
| Kern County Farm Bureau | ** Support | |
| Large Scale Solar Association | ** Support | |
| Leeward Renewable Energy | ** Support | |
| Lisa Seasholtz Elgorriaga | ** Support | |
| Local Agency Formation Commission of Napa County | ** Support | |
| Longroad Energy Management LLC | ** Support | |
| LONGROAD ENERGY MANAGEMENT, LLC | ** Support | |
| Materra | ** Support | |
| Materra Farming Company | ** Support | |
| Mattera Farming Company | ** Support | |
| Natural Resources Defense Council (NRDC) | ** Support | |
| New Leaf Energy | ** Support | |
| New Leaf Energy, INC. | ** Support | |
| NextEra Energy Resources | ** Support | |
| Renton &ferry Farms | ** Support | |
| Renton and Terry Farms | ** Support | |
| Rural County Representatives of California | ** Against | |
| RWE | ** Support | |
| SINGH FARMS | ** Support | |
| Solar Energy Industries Association | ** Support | |
| TERRA-GEN DEVELOPMENT COMPANY, LLC | ** Support | |
| The Nature Conservancy | ** Support | |
| Union Of Concerned Scientists | ** Support | |
| Vf&b Farms | ** Support | |
| Western Growers Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1156
Author:(Wicks)
As Amended Ver:August 27, 2026
Majority vote
SUMMARY
Allows additional Williamson Act cancellations that facilitate the development of a solar facility located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees provided those cancellations include a community-benefits agreement.
Senate Amendments
Revise and recast the bill to do the following:
- Allow additional Williamson Act cancellations that facilitate the development of a solar facility for the purpose of collecting, storing, and distributing solar energy for electricity generation that is located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees.
- Require, to qualify for reduced or eliminated cancellations, the landowner to enter into a community benefits agreement with the local government where the facility will be located that meets all the following requirements:
- Benefits community organizations, local agencies, tribal governments, or other groups that represent community interest and may include topics such as workforce development, job quality, and job access provisions and funding.
- The community benefits provided supplement, not supplant, resources that other laws require the developer to provide.
- The community benefits provided begin no later than the start of construction of the solar facilities.
- The developer must engage in meaningful outreach and engagement, including mailing notice to landowners, noticing the proposed community benefits in a newspaper, and conducting a public meeting on the proposed community benefits in the jurisdiction.
- Provide that the community benefits agreement does not limit the authority or remedies a city or county has under other laws to require the developer to provide community benefits.
- Shift responsibility for extinguishing Williamson Act contracts with a reduced or eliminated cancellation fee from the city or county to the Secretary of Natural Resources (Secretary), and require the landowner to apply to the Secretary for the reduced or eliminated fee.
- Require, until January 1, 2037, the Secretary to approve a completed application for extending cancellation payments for solar use contracts when the landowner includes specified information demonstrating that the local government has approved the cancellation and that the land is located in a critically-overdrafted basin. The Secretary must extend the payment time for 10 years. If, before the extended time, the landowner attests and provides proof that they have constructed a solar facility on the property, the Secretary must waive the payment of the cancellation fee.
- Allow the cancellation of Williamson Act contracts on land in critically-overdrafted basins for solar use projects that qualify as Environmental Leadership Development Projects (ELDPs) if they enter into a community benefits agreement as described above.
- Provide that, if after the approval of a certified solar ELDP where the Williamson Act contract was cancelled, the project owner determines that it will not actually locate a solar project on the land, it must notify the local jurisdiction and have the land reenrolled in a new Williamson Act contract, or an enforceable deed restriction, with terms at least as restrictive as existing Williamson Act contracts. The local agency must determine the duration of the restriction by subtracting the length of time the land was approved for solar project development from the years remaining on the original contract at acquisition. The measure also provides that the owner can seek reenrollment after the end of the useful life of the solar project.
COMMENTS
- Clean Energy Goals. Existing state law requires the state to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state's goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045. Experts indicate these goals will require a significant buildout of clean energy infrastructure.
- Williamson Act. The WA is an agricultural land conservation program. Administered by the DOC, the WA allows a private property owner to sign a voluntary contract with their local government that restrict the land subject to the contract to agriculture, open space and compatible uses for the next 10 years. In return, the county assessor values the contracted land as agricultural use, instead of its fair market value. The contract renews automatically each year, so the contract is always for a 10-year period. The landowner may cancel the WA contract at any time, provided local officials make findings the cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. Such a landowner must pay a cancellation fee that is equal to 12.5% of the "cancellation valuation" of the property. In 1998, the Legislature created the option of instead establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract.
Rescission occurs when a county cancels a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Solar Use Easements. SB 618 (Wolk), Chapter 596, Statutes of 2011 (SB 618), authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state's renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on marginally productive or physically impaired land and enter into a SUE that restricts the use of land to photovoltaic solar facilities. Such a rescission requires a payment of a rescission fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund.
The DOC, in consultation with the Department of Food and Agriculture (CDFA) must review and approve all solar-use easements. Under SB 618, to be eligible, a parcel must not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
- Sustainable Groundwater Management Act (SGMA). SGMA requires local agencies to form GSAs for high- and medium-priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. The requirements of SGMA have strained the viability of large sections of agricultural land. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability.
- SB 618 - Limited Use. SB 618 recognized the opportunity for solar development on constrained agricultural land, authorized local governments and landowners to transition existing WA and FSZ contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived in 2022. According to the DOC, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law was reauthorized.
According to the Author
"California must reckon with an uncomfortable truth: we face a significant lack of access to water across many rural counties, with up to one million acres of farmland possibly being fallowed. AB 1156 provides a voluntary, locally driven option to communities and farmers that are wrestling with this stark reality, accelerating solar energy deployment on farms currently under the Williamson Act in critically overdrafted basins. The legislation balances our state's renewable energy and food production needs while prioritizing the repurposing of agricultural lands that don't have adequate have access to groundwater.
"As amended, AB 1156 reduces barriers associated with exiting Williamson Act contracts, helping to overcome a cumbersome and lengthy cancellation process and prohibitively high cancellation fees. The bill provides two pathways to address these challenges. The first path permits Solar Environmental Leadership Development Projects in critically overdrafted basins with a streamlined exit from a Williamson Act contract or Farmland Security Zone contract, if they have entered into a qualifying community benefits agreement. The second path extends the authority of the Secretary of Natural Resources to waive Williamson Act cancellation fees for solar projects in critically overdrafted basins or subbasins, if those projects have entered into a qualifying community benefits agreement.
"AB 1156 will not be the Williamson Act's undoing. It will provide private landowners and local governments in water-constrained regions of the state, with a choice—entirely voluntary—to adapt to a harsh economic reality: either let land sit fallow because it's not agriculturally viable or generate clean energy and revenue for landowners and local governments. California's nexus between clean energy goals, water sustainability, and land scarcity present a rare opportunity to craft a policy that achieves multiple statewide goals. AB 1156 can help fulfill the promise of a carbon free future and mitigate the worst impacts of climate change on our communities and economy."
Arguments in Support
A coalition of supporters state, "As SGMA implementation requires reductions in groundwater use, some agricultural land will inevitably need to be fallowed. California should provide appropriate pathways to keep suitable land in productive use where continued agricultural production is no longer sustainable. AB 1156 provides a voluntary and carefully limited mechanism for transitioning qualifying Williamson Act land to solar energy development.
"AB 1156 addresses this challenge by streamlining the cancellation of Williamson Act contracts and eliminating cancellation fees for a narrowly defined category of qualifying lands. Importantly, the recent amendments significantly narrow the scope of the bill by limiting eligibility to projects located in critically overdrafted groundwater basins. This focuses the bill on those areas facing California's most significant groundwater sustainability challenges and where agricultural land is most likely to face pressure to transition out of irrigated production.
"The recent amendments also maintain key priorities reflected in the previous version of the legislation. In particular, the amended bill would:
- Preserve local discretion and land-use authority, ensuring that local governments retain their role in determining whether and where individual projects are appropriate;
- Require a community benefits agreement, helping ensure that communities hosting qualifying projects share in the benefits associated with new clean energy investment; and
- Further restrict project eligibility to critically overdrafted basins, substantially narrowing the universe of lands and projects that may utilize the streamlined Williamson Act cancellation process.
"This legislation represents a common-sense approach to a problem California must confront. If state policy requires some farmland to be fallowed because there is not enough sustainable groundwater to farm it, state policy should also allow that land to transition efficiently to an appropriate productive use."
Arguments in Opposition
The Rural County Representatives of California (RCRC) write, "RCRC previously supported Assembly Bill 1156 because it struck a delicate balance between preserving agricultural lands and ensuring that truly water constrained land could be temporarily used for solar generation facilities. As a result of the August 27, 2026 amendments, RCRC must now regretfully oppose your measure.
"The Williamson Act is one of the simplest and most effective mechanisms for promoting the long-term conservation of agricultural lands. Under the Act, local governments and property owners can enter into contracts under which the landowner agrees to voluntarily restrict their land to agricultural and compatible uses in exchange for a reduced property tax assessment that is based on actual use rather than potential market value.
"While AB 1156 previously protected prime farmland and ensured that the bill would only apply to truly water-constrained lands, the bill no longer includes those safeguards. Recent amendments strike provisions exempting the bill's application from prime farmland and allow cancellations to move forward on any lands in vast swaths of the state, regardless of the actual availability of water. Under AB 1156, a landowner with access to long-standing and senior water rights could walk away from their Williamson Act contracts on prime farmland simply because it is more profitable to lease those lands to a solar developer.
"While we appreciate that waiver of cancellation payments under Section 2 of the bill is contingent upon the local government's approval of the cancellation, we are concerned that the waiver process outlined in Section 3 lacks that safeguard and uses a new and legally suspect process to deem those contracts entered into with local governments null and void."
FISCAL COMMENTS
Unknown
VOTES:
ASM LOCAL GOVERNMENT: 9-0-1
YES: Carrillo, Ta, Hoover, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward
ABS, ABST OR NV: Wilson
ASM UTILITIES AND ENERGY: 16-0-2
YES: Petrie-Norris, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Hart, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Patterson, Irwin
ASM AGRICULTURE: 6-1-1
YES: Soria, Alanis, Connolly, Hadwick, Irwin, Ransom
NO: Jeff Gonzalez
ABS, ABST OR NV: Aguiar-Curry
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Tangipa
ABS, ABST OR NV: Sanchez, Dixon, Ta
ASSEMBLY FLOOR: 66-5-8
YES: Addis, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Zbur, Rivas
NO: DeMaio, Ellis, Gallagher, Macedo, Tangipa
ABS, ABST OR NV: Aguiar-Curry, Castillo, Jeff Gonzalez, Jackson, Lackey, Patterson, Ransom, Wilson
SENATE FLOOR: 25-8-7
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cervantes, Durazo, Grayson, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Cabaldon, Caballero, Cortese, Dahle, Hurtado, Niello, Strickland, Valladares
ABS, ABST OR NV: Alvarado-Gil, Choi, Gonzalez, Grove, Jones, Ochoa Bogh, Seyarto
UPDATED
VERSION: August 27, 2026
CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0004529
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1156 |
THIRD READING
Bill No: AB 1156
Author: Wicks (D)
Amended: 8/27/26 in Senate
Vote: 21
Prior Senate Votes not Relevant pursuant to Senate rule 29.10(d)
SENATE LOCAL GOVERNMENT COMMITTEE: 5-1 , 8/28/26
ASSEMBLY FLOOR: 66-5, 6/3/25 - See last page for vote
SUBJECT: Williamson Act contracts: cancellation fees: photovoltaic solar facilities
SOURCE: Author
DIGEST:
This bill allows additional Williamson Act cancellations that facilitate the development of a solar facility located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees provided they include a community-benefits agreement.
Senate Floor Amendments of 8/27/26 rewrite the bill by removing provisions expanding the parcels that qualify for conversion of Williamson Act contracts into SUEs, replace those provisions with expands the ability for landowners to cancel a Williamson Act contract without a fee for use as a solar facility if the landowner meets specified requirements, including regarding community benefits.
ANALYSIS:
Existing law:
- Creates the Williamson Act also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes.
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. If the land under contract is covered by a Farmland Security Zone, the Department of Conservation (DOC) must approve the cancellation.
- Local officials can cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a SUE that restricts the use of land to photovoltaic solar facilities, as specified.
- Defines a SUE as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production.
- Enacts The Jobs and Economic Improvement through Environmental Leadership Act of 2021, which authorizes the Governor, until January 1, 2032, to certify certain projects, including solar projects, to be Environmental Leadership Development Projects (ELDPs). These projects qualify for streamlined review under the California Environmental Quality Act. To qualify as an ELDP, the project must meet specified requirements for mitigating greenhouse gas emissions.
- Establishes the policy that all of the state's retail electricity be supplied with 100% clean energy resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035.
This bill:
- Allows additional Williamson Act cancellations that facilitate the development of a solar facility for the purpose of collecting, storing, and distributing solar energy for electricity generation that is located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees.
- Requires, to qualify for reduced or eliminated cancellations, the landowner to enter into a community benefits agreement with the local government where the facility will be located that meets all the following requirements:
- Benefits community organizations, local agencies, tribal governments, or other groups that represent community interest and may include topics such as workforce development, job quality, and job access provisions and funding;
- The community benefits provided supplement, not supplant, resources that other laws require the developer to provide;
- The community benefits provided begin no later than the start of construction of the solar facilities;
- The developer must engage in meaningful outreach and engagement, including mailing notice to landowners, noticing the proposed community benefits in a newspaper, and conducting a public meeting on the proposed community benefits in the jurisdiction; and
- Benefits community organizations, local agencies, tribal governments, or other groups that represent community interest and may include topics such as workforce development, job quality, and job access provisions and funding;
- Provides that the community benefits agreement does not limit the authority or remedies a city or county has under other laws to require the developer to provide community benefits.
- Shifts responsibility for extinguishing Williamson Act contracts with a reduced or eliminated cancellation fee from the city or county to the Secretary of Natural Resources (Secretary). It also requires the landowner to apply to the Secretary for the reduced or eliminated fee.
- Requires, until January 1, 2037, the Secretary to approve a completed application for extending cancellation payments for solar use contracts when the landowner includes specified information demonstrating that the local government has approved the cancellation and that the land is located in a critically-overdrafted basin. The Secretary must extend the payment time for 10 years. If, prior to end of the extended time, the landowner attests and provides proof that they have constructed a solar facility on the property, the Secretary must waive the payment of the cancellation fee.
- Allows the cancellation of Williamson Act contracts on land in critically-overdrafted basins for solar use projects that qualify as ELDPs if they enter into a community benefits agreement as described above in (2).
- Provides that if, after the approval of a certified solar ELDP where the Williamson Act contract was cancelled, the project owner determines that it will not actually locate a solar project on the land, it must notify the local jurisdiction and have the land reenrolled in a new Williamson Act contract, or an enforceable deed restriction, with terms at least as restrictive as existing Williamson Act contracts. The local agency must determine the duration of the restriction by subtracting the length of time the land was approved for solar project development from the years remaining on the original contract at acquisition. The measure also provides that the owner can seek reenrollment after the end of the useful life of the solar project.
Background
Solar use easements. In 2011, the Legislature enacted SB 618 (Wolk, Chapter 596, Statutes of 2011) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for solar panel development.
Under this measure, the landowner of a parcel that the Department of Conservation (DOC) has determined to be eligible can restrict the use of that land to solar facilities to collect and distribute solar energy, and any subordinate agricultural, open-space, or renewable facilities. This solar use easement can be in perpetuity, for a set number of years, or subject to annual self-renewals. Once restricted, the landowner cannot use the land for other commercial, industrial, or residential uses. This means the landowner cannot construct improvements unless expressly
Upon request from the city or county, DOC, in consultation with the California Department of Food and Agriculture (CDFA), can, but is not required to, determine that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a solar-use easement. To assist DOC in assessing whether the land is eligible, the landowner must provide the specified information, and must also provide DOC with a proposed management plan describing soil management plans, how they plan to minimize impacts on adjacent agricultural operations, and how the landowner will restore the land to previous condition once the solar use easement terminates. If approved, the city or county must require implementation of the management plan including any recommendations from DOC.
Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates.
Comments
- Purpose of this bill. According to the author, “California must reckon with an uncomfortable truth: we face a significant lack of access to water across many rural counties, with up to one million acres of farmland possibly being fallowed. AB 1156 provides a voluntary, locally driven option to communities and farmers that are wrestling with this stark reality, accelerating solar energy deployment on farms currently under the Williamson Act in critically overdrafted basins. The legislation balances our state’s renewable energy and food production needs while prioritizing the repurposing of agricultural lands that don’t have adequate have access to groundwater. As amended, AB 1156 reduces barriers associated with exiting Williamson Act contracts, helping to overcome a cumbersome and lengthy cancellation process and prohibitively high cancellation fees. The bill provides two pathways to address these challenges. The first path permits Solar Environmental Leadership Development Projects in critically overdrafted basins with a streamlined exit from a Williamson Act contract or Farmland Security Zone contract, if they have entered into a qualifying community benefits agreement. The second path extends the authority of the Secretary of Natural Resources to waive Williamson Act cancellation fees for solar projects in critically overdrafted basins or subbasins, if those projects have entered into a qualifying community benefits agreement. AB 1156 will not be the Williamson Act’s undoing. It will provide private landowners and local governments in water-constrained regions of the state, with a choice—entirely voluntary—to adapt to a harsh economic reality: either let land sit fallow because it’s not agriculturally viable or generate clean energy and revenue for landowners and local governments. California’s nexus between clean energy goals, water sustainability, and land scarcity present a rare opportunity to craft a policy that achieves multiple statewide goals. AB 1156 can help fulfill the promise of a carbon free future and mitigate the worst impacts of climate change on our communities and economy.”
- Shot through the heart. For decades, the Williamson Act has provided an incentive for landowners to preserve land for agricultural use instead of converting it for other purposes. The landowner benefits from reduced property taxes while it uses the land for agriculture, but has the opportunity to convert the land into other uses if it pays a fee. Some solar projects are eligible for reduced or eliminated cancellation fees if the local agency determines it is the public’s interest to do so. AB 1156 expands the types of Williamson Act contracts that qualify for reduced or eliminated cancellation fees to include land in critically-overdrafted basins proposed for solar projects. This means a landowner could convert their agricultural land into a solar farm without the consequence of paying a cancellation fee so long as it is in a critically overdrafted basin. Critically-overdrafted basins cover a significant portion of the state, including most of the Central Valley south of Sacramento. AB 1156 does not require the land to have any site-specific water constraints to qualify for a reduced or eliminated cancellation fee. Removing financial consequences for cancelling a Williamson Act contract for solar use provides an incentive to landowners to take land that could still serve agricultural uses out of service. According to the opponents of the bill, like the California Farm Bureau, this could significantly impair the effectiveness of the Williamson Act and other agricultural restrictions, removing the incentive for continuing to use land for agricultural uses.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/28/26)
Almond Alliance
American Clean Power- California
CA & Nv State Association of Electrical Workers (IBEW)
Independent Energy Producers Association
Large Scale Solar Association
Natural Resources Defense Council (NRDC)
Solar Energy Industries Association
The Nature Conservancy
OPPOSITION: (Verified 8/28/26)
American Farmland Trust
California Alliance With Family Farmers
California Cattlemen's Association
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
County of Fresno
County of Kern
Rural County Representatives of California (RCRC)
ASSEMBLY FLOOR: 66-5, 6/3/25
AYES: Addis, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Zbur, Rivas
NOES: DeMaio, Ellis, Gallagher, Macedo, Tangipa
NO VOTE RECORDED: Aguiar-Curry, Castillo, Jeff Gonzalez, Jackson, Lackey, Patterson, Ransom, Wilson
Prepared by: Jonathan Peterson / L. GOV. / (916) 651-4119
8/30/26 13:58:56
**** END ****
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2025 - 2026 Regular
Pursuant to Rule 29.10(b)
Bill No: | AB 1156 | Hearing Date: | 8/28/26 |
Author: | Wicks | Fiscal: | Yes |
Version: | 8/27/26 | Consultant: | Peterson |
Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
Allows additional Williamson Act cancellations that facilitate the development of a solar facility located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees provided they include a community-benefits agreement.
Background
Williamson Act. The California Land Conservation Act of 1965, also known as the Williamson Act, is a program administered by the California Department of Conservation (DOC) to conserve agricultural and open space land. The Williamson Act allows private property owners within “an agricultural preserve” to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years. These agricultural preserves are areas where a county, or less often a city, wants to protect and promote agricultural uses. To establish an agricultural preserve, the board of supervisors (board) or city council must adopt a resolution that describes the area covered by the preserve.
Williamson Act contracts automatically renew each year, so that the term is always 10 years in the future. In return for these voluntary contracts, county assessors lower the value of Williamson Act contracted lands to reflect the value of their use as agriculture or open space instead of their market value under Proposition 13 (1978). In 1998, the Legislature created an option of establishing a Farmland Security Zone, which offers landowners a greater property tax reduction for a minimum 20-year contract (SB 1182, Costa). The Revenue and Taxation Code sets out valuation procedures for land under Williamson Act and Farmland Security Zone contracts, as well as for other lands whose use is enforceably restricted in various ways, including scenic restrictions, open space easements, restrictions for timber cultivation, and wildlife habitat contracts. The specific procedures vary, but the county assessor determines how much to lower property taxes based on how much value it expects the parcel to produce when used for its intended use.
A landowner who wants to develop land restricted by a Williamson Act contract has three options: nonrenewal, cancellation, or rescission. The normal way to end a Williamson Act contract is for either the landowner or local officials to give “notice of nonrenewal,” which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
Alternatively, local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property, or 25% in the case of a farmland security contract. The board or city council first issues a notice of tentative cancellation, which becomes final after the landowner meets any conditions or contingencies of the cancellation and any fees are paid. If the landowner cannot meet the conditions, the board or city council must record a certificate of withdrawal of cancellation.
The third option is rescission. Rescission occurs when the county supervisors cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
Solar use easements. In 2011, the Legislature enacted SB 618 (Wolk) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for solar panel development.
Under this measure, the landowner of a parcel that the Department of Conservation (DOC) has determined to be eligible can restrict the use of that land to solar facilities to collect and distribute solar energy, and any subordinate agricultural, open-space, or renewable facilities. This solar use easement can be in perpetuity, for a set number of years, or subject to annual self-renewals. Once restricted, the landowner cannot use the land for other commercial, industrial, or residential uses.
Upon request from the city or county, DOC, in consultation with the California Department of Food and Agriculture (CDFA), can determine, based on substantial evidence, that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a solar-use easement, if the land isn’t prime or unique farmland, or farmland of statewide importance, unless that land is unsuitable for agricultural activities, and the land either:
- Consists predominately of soils with significantly reduced agricultural productivity due to specified physical reasons; or
- Has severely adverse soil conditions detrimental to continued agricultural use.
To assist DOC in assessing these conditions, the landowner must provide the following information, if applicable:
- A written narrative demonstrating limitations of continued agricultural use;
- A recent soil test showing significantly reduced agricultural productivity;
- An analysis of water availability demonstrating insufficient water supply;
- An analysis of water quality demonstrating reduced agricultural production; and
- Crop and yield information for the past six years.
The landowner must also provide DOC with a proposed management plan describing soil management plans, how they plan to minimize impacts on adjacent agricultural operations, and how the landowner will restore the land to previous condition once the solar use easement terminates. If approved, the city or county must require implementation of the management plan including any recommendations from DOC.
Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates. This can include:
- Mitigation measures on, or beyond, the land subject to the solar use easement;
- If necessary to ensure the landowner meets decommissioning requirements when easement ends, financial assurances that the landowner will restore the land to its previous condition once the solar use easement terminates;
- Provision for necessary amendments; and
- For term-limited or self-renewing easements, these restrictions must require the landowner to post a performance bond or other securities to fund the restoration of the land by the time the easement ends.
Any requirements are not effective until the city or county’s governing body accepts or approves them by adopting a resolution. A city or county cannot approve any land use on land the easement covers or issue a building permit for any structure that would violate the solar use easement. If the city or county fails to seek an injunction against an activity on the land that would violate the solar use easement, or builds a structure that would violate the easement, any person can seek an injunction.
Extinguishing solar use easements. Solar use easements can be extinguished by nonrenewal, termination, or returning the land to its previous contract, similar to the processes for terminating Williamson Act contracts. If the landowner decides they no longer want to use the land pursuant to their solar-use easement, they can petition the city or county to terminate the easement. Before terminating the easement, the county assessor must calculate the termination fee equivalent to 12.5% of the termination value of the property, or the current fair market value of the parcels as if no easement was in place. Before the city or county terminates the easement, they must certify the termination fee to the county auditor, which the landowner must pay upon termination.
A cancellation can qualify for a reduced or eliminated cancellation fee if the city or county finds it is in the public’s interest to do so. It can also decide to extend the length of time the landowner has to pay the cancellation fee, not to exceed the unexpired period of the contract had it not been canceled. To qualify for a reduced, eliminated, or extended payment, the cancellation must meet all the following conditions:
- Be caused by an involuntary change in the land that makes it not immediately suitable for a purpose that produces a greater economic return to the owner;
- The local agency determines that it is in the best interest of the Williamson Act program to conserve agricultural land use that the payment be either deferred or is not required; and
- The Secretary of Natural Resources approves the waiver or extension.
In the case of a solar-use easement extinguished because of nonrenewal by the landowner or due to termination, the landowner must restore the land to the conditions that existed before the easement by the time the easement extinguishes, including following the provisions of any preexisting easement or contract.
The Jobs and Economic Improvement through Environmental Leadership Act of 2021. In 2021, the Legislature enacted SB 7 (Atkins) which authorizes the Governor, until January 1, 2032, to certify certain projects, including solar projects, to be Environmental Leadership Development Projects (ELDPs). These projects qualify for streamlined review under the California Environmental Quality Act. To qualify as an ELDP, a solar use project must meet specified requirements for mitigating greenhouse gas emissions.
The author wants to make it easier for landowners to turn their agricultural parcels into solar facilities.
Proposed Law
AB 1156 allows additional Williamson Act cancellations that facilitate the development of a solar facility for the purpose of collecting, storing, and distributing solar energy for electricity generation that is located within a critically-overdrafted basin or subbasin to qualify for reduced or eliminated cancellation fees. To qualify, the developer must enter into a community benefits agreement with the local government where the facility will be located. The community benefits agreement must meet all the following requirements:
- The agreement benefits community organizations, local agencies, tribal governments, or other groups that represent community interest and may include topics such as workforce development, job quality, and job access provisions and funding;
- The community benefits provided supplement, not supplant, resources that other laws require the developer to provide;
- The community benefits provided begin no later than the start of construction of the solar facilities;
- The developer has engaged in meaningful outreach and engagement, including mailing notice to landowners, noticing the proposed community benefits in a newspaper, and conducting a public meeting on the proposed community benefits in the jurisdiction; and
AB 1156 does not limit the authority or remedies a city or county has under other laws to require the developer to provide community benefits.
AB 1156 shifts responsibility for extinguishing Williamson Act contracts with a reduced or eliminated cancellation fee from the city or county to the Secretary of Natural Resources (Secretary). It also requires the landowner to apply to the Secretary for the reduced or eliminated cancellation fee.
Under the measure, until January 1, 2037, the Secretary must approve a completed application for extending cancellation payments for solar use contracts when the landowner includes the following:
- An itemized application checklist;
- A copy of the local government’s approval of the cancellation;
- An affidavit that the property is in a critically-overdrafted basin or subbasin; and
- A map showing that the property is in a critically-overdrafted basin or subbasin.
The Secretary must extend the payment time for 10 years. If, prior to end of the extended time, the landowner attests and provides proof that they have constructed a solar facility on the property, the Secretary must waive the payment of the cancellation fee.
AB 1156 also allows the cancellation of Williamson Act contracts on land in critically-overdrafted basins for solar use projects that qualify as ELDPs if they enter into a community benefits agreement as described above. If, after the approval of a certified solar project, the project owner determines that it will not actually locate a solar project on the land, it must notify the local agency and have the land reenrolled in a new Williamson Act contract, or an enforceable deed restriction, with terms at least as restrictive as existing Williamson Act contracts. The local agency must determine the duration of the restriction by subtracting the length of time the land was approved for solar project development from the years remaining on the original contract at acquisition. The measure also provides that the owner can seek reenrollment after the end of the useful life of the solar project.
Comments
1. Purpose of the bill. According to the author, “California must reckon with an uncomfortable truth: we face a significant lack of access to water across many rural counties, with up to one million acres of farmland possibly being fallowed. AB 1156 provides a voluntary, locally driven option to communities and farmers that are wrestling with this stark reality, accelerating solar energy deployment on farms currently under the Williamson Act in critically overdrafted basins. The legislation balances our state’s renewable energy and food production needs while prioritizing the repurposing of agricultural lands that don’t have adequate have access to groundwater.
“As amended, AB 1156 reduces barriers associated with exiting Williamson Act contracts, helping to overcome a cumbersome and lengthy cancellation process and prohibitively high cancellation fees. The bill provides two pathways to address these challenges. The first path permits Solar Environmental Leadership Development Projects in critically overdrafted basins with a streamlined exit from a Williamson Act contract or Farmland Security Zone contract, if they have entered into a qualifying community benefits agreement. The second path extends the authority of the Secretary of Natural Resources to waive Williamson Act cancellation fees for solar projects in critically overdrafted basins or subbasins, if those projects have entered into a qualifying community benefits agreement.
“AB 1156 will not be the Williamson Act’s undoing. It will provide private landowners and local governments in water-constrained regions of the state, with a choice—entirely voluntary—to adapt to a harsh economic reality: either let land sit fallow because it’s not agriculturally viable or generate clean energy and revenue for landowners and local governments. California’s nexus between clean energy goals, water sustainability, and land scarcity present a rare opportunity to craft a policy that achieves multiple statewide goals. AB 1156 can help fulfill the promise of a carbon free future and mitigate the worst impacts of climate change on our communities and economy.”
2. Shot through the heart. For decades, the Williamson Act has provided an incentive for landowners to preserve land for agricultural use instead of converting it for other purposes. The landowner benefits from reduced property taxes while it uses the land for agriculture, but has the opportunity to convert the land into other uses if it pays a fee. Some solar projects are eligible for reduced or eliminated cancellation fees if the local agency determines it is the public’s interest to do so. AB 1156 expands the types of Williamson Act contracts that qualify for reduced or eliminated cancellation fees to include land in critically-overdrafted basins proposed for solar projects. This means a landowner could convert their agricultural land into a solar farm without the consequence of paying a cancellation fee so long as it is in a critically overdrafted basin. Critically-overdrafted basins cover a significant portion of the state, including most of the Central Valley south of Sacramento. AB 1156 does not require the land to have any site-specific water constraints to qualify for a reduced or eliminated cancellation fee. Removing financial consequences for cancelling a Williamson Act contract for solar use provides an incentive to landowners to take land that could still serve agricultural uses out of service. According to the opponents of the bill, like the California Farm Bureau, this could significantly impair the effectiveness of the Williamson Act and other agricultural restrictions, removing the incentive for continuing to use land for agricultural uses.
3. Relic of the past? While the Williamson Act may have provided opportunities for farmers to continue using their land for agricultural uses in the past, whether it continues to serve its purpose has come under scrutiny. A Fresnoland investigation revealed that the Williamson Act, “…diverted almost a billion dollars earmarked for local schools, hospitals and roads to Westside mega-farms owned by out-of-state investors and Wall Street firms.”[1] The county board of supervisors announced they would look into whether it makes sense to continue the program because, “Since 2016, the annual costs of the Williamson Act in Fresno County have more than doubled to over $50 million, according to county tax records, running up to over $800 million in costs since the 1990s.”[2] They are currently facing a $15 million budget deficit. One of the biggest losers if Fresno County ended their program would be the $200 billion pension fund for the Royal Canadian Mounted Police, which receives an annual $1.6 million tax break. Other counties have already ended their Williamson Act programs: Imperial County ended theirs in 2010. This recent evidence may suggest that the current Williamson Act may not continue to serve its intended purpose effectively. AB 1156 may reduce unintended consequences associated with the Williamson Act, but could also open up speculative opportunities for companies, not farmers.
4. 29.10(b). As introduced and approved by the Assembly, AB 1156 contained provisions makes a number of changes to law governing the conversion of Williamson Act contracts into a solar-use easement, including to modify an existing CEQA exemption for conversions to a solar use easement. The measure passed off the Senate Floor on a vote of 25-8, but the Assembly did not concur in the Senate Amendments and returned the measure to the Senate Floor. On August 27, 2026, the Senate rescinded its action to approve the measure. Amendments taken in the Senate deleted the initial contents of AB 1156 and inserted the current language, which also amends the Williamson Act to ease cancellation fees on solar projects, but recast the bill and make the following significant changes:
- No longer expands the types of projects that qualify for solar use easement;
- Allows for the Secretary of Natural Resources to approve a reduced or eliminated cancellation fee on land in critically-overdrafted basins if it includes specified community benefit provisions;
- Allows solar ELDP projects to qualify for a reduced or eliminated cancellation if they include community benefit provisions; and
- Removes CEQA provisions.
Assembly Actions
Assembly Utilities and Energy Committee: 16-0
Assembly Local Government Committee: 9-0
Assembly Agriculture Committee: 6-1
Assembly Appropriations Committee: 11-1
Assembly Floor: 66-5
Support and Opposition
(8/28/26)
Support: Almond Alliance
American Clean Power- California
CA & Nv State Association of Electrical Workers (IBEW)
Independent Energy Producers Association
Large Scale Solar Association
Natural Resources Defense Council (NRDC)
Solar Energy Industries Association
The Nature Conservancy
Opposition: American Farmland Trust
California Alliance With Family Farmers
California Cattlemen's Association
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
County of Fresno
County of Kern
Rural County Representatives of California (RCRC)
-- END --
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1156
Author:(Wicks)
As Amended Ver:September 09, 2025
Majority vote
SUMMARY
Makes a number of changes to law governing the conversion of a Williamson Act (WA) contract into a solar-use easement (SUE).
Senate Amendments
- Require, rather than allow, the Department of Conservation (DOC) to make a determination on whether a parcel or parcels is eligible for conversion of a WA contract into a SUE, as specified.
- Revise the criteria that land must meet in order to be eligible for conversion of a WA contract into a SUE, as follows:
- Specify that one of the criteria may be that the land has or will have insufficient surface water or groundwater available that results in significantly reduced agricultural production for agricultural activities, as specified.
- Specify that one of the criteria must be that the parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the DOC determines that a parcel or parcels are eligible to be placed in a SUE based on information that demonstrates that circumstances exist that limit the use of the parcel for agricultural activities, including insufficient water supplies, as specified.
- Require, within 30 days of receiving an application package for conversion of a WA contract into a SUE, the DOC to review the application for completeness and identify any materials required to make the application complete. If no determination of completeness is made within 30 days, the application shall be deemed complete and the DOC shall not request additional materials, as specified.
- Require, at least 14 days before a meeting at which a city or county decides whether to enter into an agreement with a landowner to convert WA contract lands into a SUE, the landowner to notify any relevant workforce in writing of its intent to enter into a SUE, including the time and location of the meeting for the city or county to take action on entering into an agreement, as specified.
- Specify that a deed or restriction that a city or county may require as a condition of entering into a SUE may include mitigation measures identified on the land that is subject to the SUE. Any mitigation measure imposed under this bill shall have an essential nexus between the measure and the impact to be mitigated. Each measure shall be roughly proportional to the impact being mitigated.
- Revise and recast provisions related to community benefits agreements to specify the following:
- Provide the following definitions:
- "Community benefits agreement" means a legally binding and enforceable agreement between the developer of the photovoltaic solar facility and the city or county in which the photovoltaic solar facility is located for the developer of the photovoltaic solar facility to provide community benefits to the local community.
- "Community benefits" means any of the following:
- Job creation and training programs for local residents or farm workers.
- Financial contributions that benefit farm youth training programs or agricultural trade programs.
- Financial contributions to community projects for groundwater recharge or water conservation programs.
- Financial contributions that benefit land preservation.
- Financial contributions to agricultural innovation research.
- Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
- Financial contributions for community improvements or amenities including, but not limited to, park and playground equipment, urban greening or enhanced safety crossing, and paving roads and bike paths.
- "Local community" means the city or county in which the photovoltaic solar facility is located or a workforce development and training organization, labor union, land trust, community foundation, state agricultural extension service providing local assistance to growers, or local governmental agency or local nonprofit with responsibilities covering topics included in the definition of "community benefits" in ii), above.
- Require (rather than allow) a city or county to require, as a condition of entering into a SUE, that the photovoltaic solar facility enter into a community benefits agreement with the city or county.
- Require the community benefits agreement to ensure the following:
- That community benefits provided pursuant to this bill supplement, but do not supplant, resources the developer is required to provide pursuant to any other law.
- That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
- Require, in order to inform the community benefits agreements, the developer of the photovoltaic solar facility to engage in meaningful outreach and engagement, including specified notice to adjacent landowners and the public and specified public meeting requirements.
- Provide the following definitions:
- Add findings and declarations regarding this bill's purpose.
- Make additional clarifying, conforming and technical changes and add chaptering amendments.
COMMENTS
- Clean Energy Goals. Existing state law requires the state to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state's goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045. Experts indicate these goals will require a significant buildout of clean energy infrastructure.
- Williamson Act. The WA is an agricultural land conservation program. Administered by the DOC, the WA allows a private property owner to sign a voluntary contract with their local government that restrict the land subject to the contract to agriculture, open space and compatible uses for the next 10 years. In return, the county assessor values the contracted land as agricultural use, instead of its fair market value. The contract renews automatically each year, so the contract is always for a 10-year period. The landowner may cancel the WA contract at any time, provided local officials make findings the cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. Such a landowner must pay a cancellation fee that is equal to 12.5% of the "cancellation valuation" of the property. In 1998, the Legislature created the option of instead establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract.
Rescission occurs when a county cancels a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Solar Use Easements. SB 618 (Wolk), Chapter 596, Statutes of 2011 (SB 618), authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state's renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on marginally productive or physically impaired land and enter into a SUE that restricts the use of land to photovoltaic solar facilities. Such a rescission requires a payment of a rescission fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund.
The DOC, in consultation with the Department of Food and Agriculture (CDFA) must review and approve all solar-use easements. Under SB 618, to be eligible, a parcel must not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
- Sustainable Groundwater Management Act (SGMA). SGMA requires local agencies to form GSAs for high- and medium-priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. The requirements of SGMA have strained the viability of large sections of agricultural land. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability.
- SB 618 - Limited Use. SB 618 recognized the opportunity for solar development on constrained agricultural land, authorized local governments and landowners to transition existing WA and FSZ contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived in 2022. According to the DOC, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law was reauthorized.
According to the Author
AB 1156 updates California's Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
To achieve California's goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
Parallel to California's clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
In addition to the state's energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
AB 1156 responsibly updates California's Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.
Arguments in Support
A coalition of supporters, including the bill's sponsor, the Large-Scale Solar Association, writes, "AB 1156 proposes to update the Solar Use Easement law by allowing lands with water constraints to be eligible for an easement and modernizes the eligibility criteria and easement terms. Specifically, AB 1156 would maintain local discretion, require the review of water limitations by the GSA, update the compatibility of solar use easements with existing permitting processes (Chapters 61, 2021) and provide that land under an easement be assessed at its full value under the law. This bill also provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of the easement.
"The new reality is that the need to conserve vital water resources will unavoidably place many agricultural landowners at risk of losing the ability to farm their land, with no viable economic alternative. This nexus between clean energy goals, water sustainability, and land scarcity presents a rare opportunity to craft a policy that achieves multiple statewide goals. This effort will require strategic planning, creativity, and compromise. AB 1156 strikes this balance and will help fulfill the promise of a carbon free future with well-paying jobs, and mitigation of the worst impacts of climate change on our communities and economy."
Arguments in Opposition
A coalition expressing an "oppose, unless amended" position, including the California Rangeland Trust, the California Farmland Trust, the California Climate and Agriculture Network and others, writes, "AB 1156 would amend the Solar-Use Easement program to allow any prime, unique, and important agricultural land protected by a Williamson Act contract to exit their contracts solely on the basis of claiming insufficient surface or groundwater available to support agricultural use, without clearly defining 'insufficient water supply.' Additionally, AB 1156 would allow any agricultural land converted to a Solar-Use Easement to avoid paying the cancellation fee. The updated version of the bill does not adequately define 'insufficient water supply' so that these changes in conditions can be accurately accounted for and measured before the Williamson Act contract is approved for termination…
"AB 1156 threatens the very tools and safeguards that have made farm and ranch land protection one of California's most successful conservation strategies. Weakening the Williamson Act, bypassing existing Solar-Use Easement pathways, removing exit fees for solar developers, and failure to clearly define what is needed for removal—threatens the integrity and public trust in the state's long-term farm and ranch land protection efforts."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The Department of Conservation (DOC) would incur one-time costs, potentially over $100,000, to develop and adopt revised program regulations to update current fees charged to landowners and to account for other changes to the process for considering proposals for converting contracted agricultural lands to SUEs. (Soil Conservation Fund)
- DOC indicates that ongoing administrative costs are unknown and would depend upon the number of applications received annually. Initially, DOC estimates it would contract out for services, at a cost of approximately $100,000 annually, to review applications in order to meet timelines specified in the bill. To the extent there is ongoing landowner interest, DOC estimates that it could require the addition of 1.0 PY of new staff, at a cost of $172,000 in the first year and $158,000 ongoing, if it receives 10 applications annually. Staff notes that DOC is authorized to charge a fee on landowners to recover its administrative costs to coordinate with landowners and specified entities, and review applications to determine eligibility for conversion of an agricultural land conservation contract into an SUE. (Soil Conservation Fund)
- Unknown, potentially significant loss of state revenues (General Fund and Soil Conservation Fund) as a result of the bill deferring and preventing the collection of contract cancellation fees, and by repealing existing provisions that require payment of rescission fees when contracted agricultural land enters into an SUE. Staff notes that, under current law, the first $5 million in Williamson Act cancellation fee revenue is deposited in the Soil Conservation Fund to pay for DOC's administrative costs, and amounts exceeding the initial $5 million in a given year are deposited into the General Fund.
- Unknown property tax revenue increases as a result of the reassessment of agricultural lands that enter into an SUE. Staff notes that any increases in local property tax revenues that accrue to K-14 school could reduce state General Fund expenditures pursuant to Proposition 98 minimum funding guarantees. See staff comments.
VOTES:
ASM LOCAL GOVERNMENT: 9-0-1
YES: Carrillo, Ta, Hoover, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward
ABS, ABST OR NV: Wilson
ASM UTILITIES AND ENERGY: 16-0-2
YES: Petrie-Norris, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Hart, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Patterson, Irwin
ASM AGRICULTURE: 6-1-1
YES: Soria, Alanis, Connolly, Hadwick, Irwin, Ransom
NO: Jeff Gonzalez
ABS, ABST OR NV: Aguiar-Curry
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Tangipa
ABS, ABST OR NV: Sanchez, Dixon, Ta
ASSEMBLY FLOOR: 66-5-8
YES: Addis, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Zbur, Rivas
NO: DeMaio, Ellis, Gallagher, Macedo, Tangipa
ABS, ABST OR NV: Aguiar-Curry, Castillo, Jeff Gonzalez, Jackson, Lackey, Patterson, Ransom, Wilson
UPDATED
VERSION: September 09, 2025
CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0001706
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1156 |
THIRD READING
Bill No: AB 1156
Author: Wicks (D)
Amended: 9/9/25 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 7/9/25
AYES: Durazo, Arreguín, Laird, Seyarto, Wiener
NO VOTE RECORDED: Choi, Cabaldon
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/16/25
AYES: Blakespear, Gonzalez, Menjivar, Padilla, Pérez
NO VOTE RECORDED: Valladares, Dahle, Hurtado
SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/29/25
AYES: Caballero, Seyarto, Grayson, Richardson, Wahab
NOES: Dahle
NO VOTE RECORDED: Cabaldon
ASSEMBLY FLOOR: 66-5, 6/3/25 - See last page for vote
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
SOURCE: Author
DIGEST:
This bill makes a number of changes to law governing the conversion of Williamson Act contracts into a solar-use easement (SUE).
Senate Floor Amendments of 9/9/25 address chaptering issues with the Resources Trailer Bill, SB 149 (Committee on Budget and Fiscal Review) and AB 149 (Committee on Budget).
ANALYSIS:
Existing law:
- Creates the Williamson Act also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes.
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. If the land under contract is covered by a Farmland Security Zone, the Department of Conservation (DOC) must approve the cancellation.
- Local officials can cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a SUE that restricts the use of land to photovoltaic solar facilities, as specified.
- Defines a SUE as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production.
- Establishes the policy that all of the state's retail electricity be supplied with 100% clean energy resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035.
This bill:
- Expands the permissible land uses of Solar Use Easements (SUEs) to include solar energy storage and appurtenant facilities.
- Specifies that the provisions of any Williamson Act contract binding the land under the SUE would be inoperative (rather than rescinded pursuant to existing law) and the land would be enforceably restricted pursuant to law governing SUEs, as specified, and removes language allowing a SUE to exist in perpetuity.
- Changes the process by which the DOC determines if a parcel under a Williamson Act contract is eligible for conversion into a SUE, including among other actions to:
- Expand the eligibility criteria to convert land under a Williamson Act contract into an SUE to include instances where the land meets certain criteria related to grading, absence of a conservation easement, degraded soils or insufficient water, as defined based on specified surface and groundwater availability criteria, or status as prime farmland or farmland of statewide importance, as specified:
- Require DOC to make a determination on whether land is eligible for an SUE within 120 days following submission of a completed application package, or else the application is deemed approved, following specified procedures for determining completeness of an application; and
- Modify an existing exemption from CEQA for Williamson Act contracts to further exempt all department determinations of eligibility from CEQA, and specifies that this exemption shall not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Changes SUE deed requirements and decommissioning rules by eliminating mitigation measures on or beyond SUE land, removing the requirement for performance bond or security requirements for land restoration for term easements or self-renewing easements, and allowing appurtenant facilities on SUE, among various other changes.
- Modifies SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Requires a city or county to require, as a condition of entering into a SUE, that the solar facility enter into a community benefits agreement that includes financial contributions or job creation programs, as specified, with one or more local communities. The developer of the solar facility must conduct specified outreach provisions, and the community benefits agreement must ensure all of the following:
- That community benefits provided pursuant to this section supplement, but do not supplant, resources the developer is required to provide pursuant to any other law;
- That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
- Narrows the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the photovoltaic solar facility's operating life has ended.
- Repeals provisions of law governing termination or rescission of a SUE, including termination and rescission fees.
- Requires the provisions of any Williamson Act contract affecting a parcel or parcels of land eligible and placed into a SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. Clarifies this process is in addition to other existing mechanisms under the WA, as specified.
- Requires, at least 14 days prior to the meeting at which a city or county decides whether to enter into an agreement for the SUE, the landowner to notify any relevant workforce in writing of its intent to enter into a SUE, including the time and location of the meeting for the city or county to take action on entering into an agreement.
- Exempts the entry into and recordation of a SUE from CEQA review.
- Makes numerous technical, clarifying, and conforming changes, including chaptering amendments.
Background
Solar use easements. In 2011, the Legislature enacted SB 618 (Wolk, Chapter 596, Statutes of 2011) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for solar panel development.
Under this measure, the landowner of a parcel that the Department of Conservation (DOC) has determined to be eligible can restrict the use of that land to solar facilities to collect and distribute solar energy, and any subordinate agricultural, open-space, or renewable facilities. This solar use easement can be in perpetuity, for a set number of years, or subject to annual self-renewals. Once restricted, the landowner cannot use the land for other commercial, industrial, or residential uses. This means the landowner cannot construct improvements unless expressly
Upon request from the city or county, DOC, in consultation with the California Department of Food and Agriculture (CDFA), can, but is not required to, determine that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a solar-use easement. To assist DOC in assessing whether the land is eligible, the landowner must provide the specified information, and must also provide DOC with a proposed management plan describing soil management plans, how they plan to minimize impacts on adjacent agricultural operations, and how the landowner will restore the land to previous condition once the solar use easement terminates. If approved, the city or county must require implementation of the management plan including any recommendations from DOC.
Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates.
The author wants to make it easier for landowners to turn their agricultural parcels into solar facilities.
Comments
- Purpose of this bill. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
“To achieve California’s goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
“Parallel to California’s clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
“In addition to the state’s energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
“In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
“AB 1156 responsibly updates California’s Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.”
- Shot through the heart. For decades, the Williamson Act has provided an incentive for landowners to preserve land for agricultural use instead of converting it for other purposes. The landowner benefits from reduced property taxes while it uses the land for agriculture, but has the opportunity to convert the land into other uses if it pays a fee. AB 1156 removes these fee provisions for solar use easements, meaning a landowner could convert their agricultural land into a solar farm without consequences. According to the opponents of the bill, like the California Farm Bureau, this could significantly impair the effectiveness of the Williamson Act and other agricultural restrictions, removing the incentive for continuing to use land for agricultural uses. Removing financial consequences for converting a Williamson Act easement into a solar use easement provides an incentive to landowners to take land that could still serve agricultural uses out of service.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- The Department of Conservation (DOC) would incur one-time costs, potentially over $100,000, to develop and adopt revised program regulations to update current fees charged to landowners and to account for other changes to the process for considering proposals for converting contracted agricultural lands to SUEs. (Soil Conservation Fund)
- DOC indicates that ongoing administrative costs are unknown and would depend upon the number of applications received annually. Initially, DOC estimates it would contract out for services, at a cost of approximately $100,000 annually, to review applications in order to meet timelines specified in the bill. To the extent there is ongoing landowner interest, DOC estimates that it could require the addition of 1.0 PY of new staff, at a cost of $172,000 in the first year and $158,000 ongoing, if it receives 10 applications annually. Staff notes that DOC is authorized to charge a fee on landowners to recover its administrative costs to coordinate with landowners and specified entities, and review applications to determine eligibility for conversion of an agricultural land conservation contract into an SUE. (Soil Conservation Fund)
- Unknown, potentially significant loss of state revenues (General Fund and Soil Conservation Fund) as a result of the bill deferring and preventing the collection of contract cancellation fees, and by repealing existing provisions that require payment of rescission fees when contracted agricultural land enters into an SUE. Staff notes that, under current law, the first $5 million in Williamson Act cancellation fee revenue is deposited in the Soil Conservation Fund to pay for DOC’s administrative costs, and amounts exceeding the initial $5 million in a given year are deposited into the General Fund.
SUPPORT: (Verified 9/9/25)
Aes Clean Energy
Aes Corporation
Almond Alliance
American Clean Power Association
Arevon
Avantus
Aypa Power Development LLC
CA & Nv State Association of Electrical Workers (IBEW)
CA Assn of Winegrape Growers
California Environmental Voters (formerly Clcv)
California Solar Energy Industries Association
California State Association of Electrical Workers
California State Building and Construction Trades Council
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Defenders of Wildlife
Edpr Na, LLC
Filoli
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy Renewables LLC
Kern County Farm Bureau
Large-scale Solar Association
Leeward Renewable Energy
Local Agency Formation Commission of Napa County
Longroad Energy Management, LLC
Materra
New Leaf Energy
Nextera Energy Resources
Rural County Representatives of California (RCRC)
Rwe
Singh Farms
Terra-gen Development Company, LLC
The Nature Conservancy
Union of Concerned Scientists
Vf&b Farms
OPPOSITION: (Verified 9/9/25)
American Farmland Trust
California Alliance With Family Farmers
California Cattlemen's Association
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Climate & Agriculture Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
Community Alliance With Family Farmers
ARGUMENTS IN SUPPORT:
ARGUMENTS IN OPPOSITION:
ASSEMBLY FLOOR: 66-5, 6/3/25
AYES: Addis, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Zbur, Rivas
NOES: DeMaio, Ellis, Gallagher, Macedo, Tangipa
NO VOTE RECORDED: Aguiar-Curry, Castillo, Jeff Gonzalez, Jackson, Lackey, Patterson, Ransom, Wilson
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
9/11/25 10:07:02
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1156 |
THIRD READING
Bill No: AB 1156
Author: Wicks (D)
Amended: 7/22/25 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 7/9/25
AYES: Durazo, Arreguín, Laird, Seyarto, Wiener
NO VOTE RECORDED: Choi, Cabaldon
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/16/25
AYES: Blakespear, Gonzalez, Menjivar, Padilla, Pérez
NO VOTE RECORDED: Valladares, Dahle, Hurtado
SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/29/25
AYES: Caballero, Seyarto, Grayson, Richardson, Wahab
NOES: Dahle
NO VOTE RECORDED: Cabaldon
ASSEMBLY FLOOR: 66-5, 6/3/25 - See last page for vote
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
SOURCE: Author
DIGEST:
This bill makes a number of changes to law governing the conversion of agricultural easements into a solar-use easement (SUE).
ANALYSIS:
Existing law:
- Creates the Williamson Act also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes.
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. If the land under contract is covered by a Farmland Security Zone, the Department of Conservation (DOC) must approve the cancellation.
- Local officials can cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a SUE that restricts the use of land to photovoltaic solar facilities, as specified.
- Defines a SUE as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production.
- Establishes the policy that all of the state's retail electricity be supplied with 100% clean energy resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035.
This bill:
- Expands the permissible land uses of Solar Use Easements (SUEs) to include solar energy storage and appurtenant facilities.
- Specifies that the provisions of any Williamson Act contract binding the land under the SUE would be inoperative (rather than rescinded pursuant to existing law) and the land would be enforceably restricted pursuant to law governing SUEs, as specified, and removes language allowing a SUE to exist in perpetuity.
- Changes the process by which the DOC determines if a parcel under a Williamson Act contract is eligible for conversion into a SUE, including among other actions to:
- Expand the eligibility criteria to convert land under a Williamson Act contract into an SUE to include instances where the land meets certain criteria related to grading, absence of a conservation easement, degraded soils or insufficient water, as defined based on specified surface and groundwater availability criteria, or status as prime farmland or farmland of statewide importance, as specified:
- Require DOC to make a determination on whether land is eligible for an SUE within 120 days following submission of a completed application package, or else the application is deemed approved, following specified procedures for determining completeness of an application; and
- Modify an existing exemption from CEQA for Williamson Act contracts to further exempt all department determinations of eligibility from CEQA, and specifies that this exemption shall not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Changes SUE deed requirements and decommissioning rules by eliminating mitigation measures on or beyond SUE land, removing the requirement for performance bond or security requirements for land restoration for term easements or self-renewing easements, and allowing appurtenant facilities on SUE, among various other changes.
- Modifies SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Requires a city or county to require, as a condition of entering into a SUE, that the solar facility enter into a community benefits agreement that includes financial contributions or job creation programs, as specified, with one or more local communities. The developer of the solar facility must conduct specified outreach provisions, and the community benefits agreement must ensure all of the following:
- That community benefits provided pursuant to this section supplement, but do not supplant, resources the developer is required to provide pursuant to any other law;
- That benefits begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities.
- Narrows the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the photovoltaic solar facility's operating life has ended.
- Repeals provisions of law governing termination or rescission of a SUE, including termination and rescission fees.
- Requires the provisions of any Williamson Act contract affecting a parcel or parcels of land eligible and placed into a SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. Clarifies this process is in addition to other existing mechanisms under the WA, as specified.
- Requires, at least 14 days prior to the meeting at which a city or county decides whether to enter into an agreement for the SUE, the landowner to notify any relevant workforce in writing of its intent to enter into a SUE, including the time and location of the meeting for the city or county to take action on entering into an agreement.
- Exempts the entry into and recordation of a SUE from CEQA review.
- Provides numerous technical, clarifying, and conforming changes.
Background
Solar use easements. In 2011, the Legislature enacted SB 618 (Wolk, Chapter 596, Statutes of 2011) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for solar panel development.
Under this measure, the landowner of a parcel that the Department of Conservation (DOC) has determined to be eligible can restrict the use of that land to solar facilities to collect and distribute solar energy, and any subordinate agricultural, open-space, or renewable facilities. This solar use easement can be in perpetuity, for a set number of years, or subject to annual self-renewals. Once restricted, the landowner cannot use the land for other commercial, industrial, or residential uses. This means the landowner cannot construct improvements unless expressly
Upon request from the city or county, DOC, in consultation with the California Department of Food and Agriculture (CDFA), can, but is not required to, determine that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a solar-use easement. To assist DOC in assessing whether the land is eligible, the landowner must provide the specified information, and must also provide DOC with a proposed management plan describing soil management plans, how they plan to minimize impacts on adjacent agricultural operations, and how the landowner will restore the land to previous condition once the solar use easement terminates. If approved, the city or county must require implementation of the management plan including any recommendations from DOC.
Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates.
The author wants to make it easier for landowners to turn their agricultural parcels into solar facilities.
Comments
- Purpose of this bill. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
“To achieve California’s goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
“Parallel to California’s clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
“In addition to the state’s energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
“In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
“AB 1156 responsibly updates California’s Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.”
- Shot through the heart. For decades, the Williamson Act has provided an incentive for landowners to preserve land for agricultural use instead of converting it for other purposes. The landowner benefits from reduced property taxes while it uses the land for agriculture, but has the opportunity to convert the land into other uses if it pays a fee. AB 1156 removes these fee provisions for solar use easements, meaning a landowner could convert their agricultural land into a solar farm without consequences. According to the opponents of the bill, like the California Farm Bureau, this could significantly impair the effectiveness of the Williamson Act and other agricultural restrictions, removing the incentive for continuing to use land for agricultural uses. Removing financial consequences for converting a Williamson Act easement into a solar use easement provides an incentive to landowners to take land that could still serve agricultural uses out of service.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- The Department of Conservation (DOC) would incur one-time costs, potentially over $100,000, to develop and adopt revised program regulations to update current fees charged to landowners and to account for other changes to the process for considering proposals for converting contracted agricultural lands to SUEs. (Soil Conservation Fund)
- DOC indicates that ongoing administrative costs are unknown and would depend upon the number of applications received annually. Initially, DOC estimates it would contract out for services, at a cost of approximately $100,000 annually, to review applications in order to meet timelines specified in the bill. To the extent there is ongoing landowner interest, DOC estimates that it could require the addition of 1.0 PY of new staff, at a cost of $172,000 in the first year and $158,000 ongoing, if it receives 10 applications annually. Staff notes that DOC is authorized to charge a fee on landowners to recover its administrative costs to coordinate with landowners and specified entities, and review applications to determine eligibility for conversion of an agricultural land conservation contract into an SUE. (Soil Conservation Fund)
- Unknown, potentially significant loss of state revenues (General Fund and Soil Conservation Fund) as a result of the bill deferring and preventing the collection of contract cancellation fees, and by repealing existing provisions that require payment of rescission fees when contracted agricultural land enters into an SUE. Staff notes that, under current law, the first $5 million in Williamson Act cancellation fee revenue is deposited in the Soil Conservation Fund to pay for DOC’s administrative costs, and amounts exceeding the initial $5 million in a given year are deposited into the General Fund.
- Unknown property tax revenue increases as a result of the reassessment of agricultural lands that enter into an SUE. Staff notes that any increases in local property tax revenues that accrue to K-14 school could reduce state General Fund expenditures pursuant to Proposition 98 minimum funding guarantees. See staff comments.
SUPPORT: (Verified 8/30/25)
Aes Clean Energy
Aes Corporation
Almond Alliance
American Clean Power Association
Arevon
Avantus
Aypa Power Development LLC
CA & Nv State Association of Electrical Workers
CA Assn of Winegrape Growers
California Environmental Voters (formerly Clcv)
California Solar Energy Industries Association
California State Association of Electrical Workers
California State Building and Construction Trades Council
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Defenders of Wildlife
Edpr Na, LLC
Filoli
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy Renewables LLC
Kern County Farm Bureau
Large-scale Solar Association
Leeward Renewable Energy
Local Agency Formation Commission of Napa County
Longroad Energy Management, LLC
Materra
New Leaf Energy
Nextera Energy Resources
Rural County Representatives of California
Rwe
Singh Farms
Terra-gen Development Company, LLC
The Nature Conservancy
Union of Concerned Scientists
Vf&b Farms
OPPOSITION: (Verified 8/30/25)
American Farmland Trust
California Alliance With Family Farmers
California Cattlemen's Association
California Certified Organic Farmers
California Climate & Agricultural Network
California Climate & Agriculture Network
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
Community Alliance With Family Farmers
ASSEMBLY FLOOR: 66-5, 6/3/25
AYES: Addis, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Flora, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Zbur, Rivas
NOES: DeMaio, Ellis, Gallagher, Macedo, Tangipa
NO VOTE RECORDED: Aguiar-Curry, Castillo, Jeff Gonzalez, Jackson, Lackey, Patterson, Ransom, Wilson
Prepared by: Jonathan Peterson / L. GOV. / (916) 651-4119
8/30/25 15:30:16
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 1156 (Wicks) - Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 1156 would make numerous changes to the laws providing for the conversion of lands under a Williamson Act or Farmland Security Zone contract to a solar-use easement (SUE) that restricts the use of land to photovoltaic facilities. Specifically, the bill would eliminate contract termination and rescission fees, expand the types of lands eligible for conversion to an SUE to include those with insufficient surface or groundwater availability, and expand the definition of an SUE to include energy storage and other appurtenant facilities, among other changes.
Fiscal Impact:
- The Department of Conservation (DOC) would incur one-time costs, potentially over $100,000, to develop and adopt revised program regulations to update current fees charged to landowners and to account for other changes to the process for considering proposals for converting contracted agricultural lands to SUEs. (Soil Conservation Fund)
- DOC indicates that ongoing administrative costs are unknown and would depend upon the number of applications received annually. Initially, DOC estimates it would contract out for services, at a cost of approximately $100,000 annually, to review applications in order to meet timelines specified in the bill. To the extent there is ongoing landowner interest, DOC estimates that it could require the addition of 1.0 PY of new staff, at a cost of $172,000 in the first year and $158,000 ongoing, if it receives 10 applications annually. Staff notes that DOC is authorized to charge a fee on landowners to recover its administrative costs to coordinate with landowners and specified entities, and review applications to determine eligibility for conversion of an agricultural land conservation contract into an SUE. (Soil Conservation Fund)
- Unknown, potentially significant loss of state revenues (General Fund and Soil Conservation Fund) as a result of the bill deferring and preventing the collection of contract cancellation fees, and by repealing existing provisions that require payment of rescission fees when contracted agricultural land enters into an SUE. Staff notes that, under current law, the first $5 million in Williamson Act cancellation fee revenue is deposited in the Soil Conservation Fund to pay for DOC’s administrative costs, and amounts exceeding the initial $5 million in a given year are deposited into the General Fund.
- Unknown property tax revenue increases as a result of the reassessment of agricultural lands that enter into an SUE. Staff notes that any increases in local property tax revenues that accrue to K-14 school could reduce state General Fund expenditures pursuant to Proposition 98 minimum funding guarantees. See staff comments.
Background:
Existing law, the California Land Conservation Act of 1965 (Williamson Act), authorizes landowners to sign ten-year contracts with counties, agreeing to restrict a property’s use to agriculture, open space, or compatible uses. In 1998, the Legislature created an option of establishing a Farmland Security Zone which offers landowners a greater property tax reduction for a minimum 20 year contract. In return for the agreement to keep the land out of development, the landowner benefits from reduced property tax assessments based on the property’s use rather than its market value.
Williamson Act and Farmland Security Zone contracts renew automatically each year, unless the contract is ended through nonrenewal, cancellation, or termination. Under nonrenewal, either the landowner or the county may provide notice to not renew the contract. When the term of the contract runs out after nine years or 19 years, the property is reassessed at its market value and land restrictions end. County officials can cancel a Williamson Act contract at a landowner’s request if the board of supervisors finds that cancellation is consistent with the Act’s purpose or in the public interest. A contract ends immediately upon cancellation and payment of cancellation fees by the landowner to the state in an amount equal to 12.5% of the property’s unrestricted value (25% in the case of a Farmland Security Zone). A contract can be rescinded when a board of supervisors cancels a Williamson Act contract and the landowner simultaneously enters into an agricultural conservation easement on other land of an equal or greater value.
Existing law, as enacted by SB 618 (Wolk), Chap. 596/2011, also allows for a rescission, upon mutual agreement of the landowner and local agency, if the land is marginally productive or physically impaired and the landowner enters into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. This type of rescission requires a payment of a fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund. The DOC, in consultation with the Department of Food and Agriculture, must review and approve all solar-use easements.
In 2018, SB 100 (De León), Chap. 312/20018, was enacted to require that retail electricity sales in the state be supplied by certain percentages of renewable and zero-carbon sources. Specifically, existing law requires the state to supply 60% of sales from renewable and zero-carbon sources by 2030, 90% by 2035, 95% by 2040, and 100% by 2045.
Existing law, the Sustainable Groundwater Management Act (SGMA) requires local agencies to form groundwater sustainability agencies (GSAs) for high- and medium-priority water basins, as specified. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results, and mitigate water overdraft within 20 years. The requirements of SGMA have strained the viability of large sections of agricultural land in the state, and compliance will require the removal of some agricultural lands from production to achieve groundwater sustainability.
Proposed Law:
AB 1156 would make numerous changes to the laws providing for the conversion of lands under specified agricultural land conservation contracts to an SUE that restricts the use of land to photovoltaic facilities. Among other things, this bill would do the following:
- Expand the permissible land uses of SUEs to include solar energy storage and appurtenant clean energy facilities, in addition to photovoltaic solar facilities, and specify that any existing Williamson Act contract is inoperative, rather than rescinded, during the term of an SUE.
- Revise the process for DOC to determine whether land under an agricultural land conservation contract is eligible for placement into an SUE, as follows:
- Require DOC to consult with any applicable groundwater sustainability agency or services, in addition to other specified entities.
- Require a landowner, rather than a city or county, to directly request that DOC make a determination of eligibility for conversion to an SUE.
- Provide for a suspension, rather than rescission, of a Williamson Act contract if lands are converted to an SUE.
- Expand the eligibility criteria to include lands that has or will have insufficient surface water or groundwater available that results in significantly reduced agricultural production for agricultural activities.
- Specify the conditions that qualify as “insufficient surface or groundwater conditions” to include land located within a high priority groundwater basin with water deliveries that have been reduced or curtailed for multiple years, as specified.
- Require DOC to review a landowner application for completeness within 30 days of receipt and identify any materials required to make the application complete, otherwise the application would be deemed complete.
- Require DOC to make a determination of eligibility within 120 days following submission of a completed application, otherwise the application would be deemed approved.
- Require a landowner to notify any relevant workforce in writing of its intent to enter into an SUE at least 14 days in advance of a meeting at which a city or county decides whether to enter into an agreement.
- Change SUE deed requirements and decommissioning rules by eliminating mitigation measures on or beyond SUE land, removing the requirement for performance bond or security requirements for land restoration for term easements or self-renewing easements, and allowing appurtenant facilities on SUE, among other changes.
- Modify SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Require the developer of a solar photovoltaic facility, as a condition of entering into an SUE, to enter into a community benefits agreement with a city or county that provides specified community benefits to the local community, including financial contributions, job creation and training programs, and community improvements or amenities, as specified.
- Narrow the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the solar facility's operating life has ended.
- Repeal provisions governing the termination or rescission of an SUE, including provisions requiring the payment of termination and rescission fees.
- Require the provisions of any Williamson Act contract affecting a parcel or parcels of land eligible and placed into an SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. This process would be in addition to other existing mechanisms under the Williamson Act, as specified.
- Exempt the entry into and recordation of an SUE from review under the California Environmental Quality Act (CEQA).
Related Legislation:
AB 2528 (Arambula), which was held on the Assembly Appropriations Committee’s Suspense File last year, included provisions that were similar in concept to this bill. The bill would have allowed a local governing body in specified counties to, upon a landowner’s request, cancel certain land conservation contracts, with reduced cancellation fees, if the land subject to the contract has certain water supply constraints and if it will be used for specified renewable energy projects.
SB 618 (Wolk), Chap. 596/2011, authorized a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities.
Staff Comments:
As noted above, this bill would result in an unknown reduction in contract cancellation and rescission revenues, which are deposited into the Soil Conservation Fund for DOCs costs in administering the Williamson Act, and the General Fund, if cancellation and rescission revenues exceed $5 million in a fiscal year. According to the DOC, Williamson Act cancellation fees have led to General Fund deposits in several recent fiscal years: $3.7 million in 2018-19 and $7.3 million in 2022-23 (information on the two most recent fiscal years were unavailable as of this analysis). To the extent this bill results in conversions of agricultural land conservation contracts to SUEs in a given year that would have otherwise been cancelled or rescinded pursuant to existing law, and to the extent the total resulting fee revenue would have exceeded $5 million, this bill will result in a loss of General Fund revenue.
Existing law provides for an exclusion from the definition of new construction for active solar energy systems in the assessment of property for tax purposes. This property tax exclusion expires on January 1, 2027. When lands under an agricultural land conservation contract is converted to an SUE pursuant to this bill, the property would be subject to reassessment. The assessed value would revert to a modified fair market value, which may be impacted by the enforceable restriction to the use of the property due to the SUE, but would also include the assessed value of improvements related to the solar energy generation and storage facilities that are installed on the land, assuming the current property tax exclusion for those facilities is not extended. The magnitude of any property tax increase is unquantifiable, and would depend upon the number of SUEs entered into as a result of the bill, and the assessed values of those properties relative to the valuation when under an agricultural land conservation contracts. Any benefit accrued to schools as a result of an increase in property tax revenue would provide relief to the state General Fund.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: AB 1156
Author: | Wicks | ||
Version: | 5/23/2025 | Hearing Date: | 7/16/2025 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Brynn Cook | ||
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
DIGEST: This bill makes a number of changes to law governing the conversion of a Williamson Act contract into a solar-use easement (SUE) to expand what projects can go onto an SUE, what areas are eligible for SUE, and waiving the current fee associated with entering into an SUE on land contracted under the Williamson Act, among numerous other changes.
ANALYSIS:
Existing law:
- Creates the Williamson Act also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes.
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. If the land under contract is covered by a Farmland Security Zone, the Department of Conservation (DOC) must approve the cancellation.
- Local officials can cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. (Government Code §§ 51191-51192.2)
- Defines a “solar-use easement” as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production. (Government Code § 51190)
- Establishes the Sustainable Groundwater Management Act (SGMA), as a statewide framework to protect groundwater resources by requiring local agencies to form groundwater sustainability agencies (GSAs) for the designated high and medium priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. (Water Code §§ 10720-10738)
- Establishes the California Environmental Quality Act (CEQA). Under CEQA, a lead agency determines whether a project is exempt from CEQA, or if it must do an initial study to determine if a project will have significant effects on the environment. If a project has no effect on the environment or effects that can be mitigated, the lead agency prepares a negative declaration (ND) or mitigated ND (MND). If the project will have significant impacts, the lead agency prepares an environmental impact report (EIR) to evaluate and propose mitigation measures for any effects on the environment, including impacts or likely impacts to land, air, water, minerals, flora, fauna, ambient noise, and historic or aesthetic significance. (Public Resources Code (PRC) §§21000 et seq.)
- Establishes the policy that all of the state's retail electricity be supplied with a mix of RPS-eligible and zero-carbon resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, for a total of 100% clean energy. (Public Utilities Code § 454.53)
This bill:
- Expands the permissible land uses of Solar Use Easements (SUEs) to include solar energy storage and appurtenant facilities.
- Specifies that the provisions of any Williamson Act contract binding the land under the SUE would be inoperative (rather than rescinded pursuant to existing law) and the land would be enforceably restricted pursuant to law governing SUEs, as specified, and removes language allowing a SUE to exist in perpetuity.
- Changes the process by which the DOC determines if a parcel under a Williamson Act contract is eligible for conversion into a SUE, including among other actions:
- Expands the eligibility criteria to convert land under a Williamson Act contract into an SUE to include the following scenarios:
- Instances where the land meets both of the following criteria:
- Expands the eligibility criteria to convert land under a Williamson Act contract into an SUE to include the following scenarios:
(1) The parcel or parcels have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land; or
(2) The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources;
- Removes a prohibition on parcels that are located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified. This makes those areas eligible for conversion to a SUE instead of preserving them under the Williamson Act;
- Requires DOC to make a determination on whether land is eligible for an SUE within 120 days following submission of a completed application package, or else the application is deemed approved; and
- Modifies an existing exemption from CEQA for Williamson Act contracts to further exempt all department determinations of eligibility from CEQA, and specifies that this exemption shall not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Changes SUE deed requirements and decommissioning rules by eliminating mitigation measures on or beyond SUE land, removing the requirement for performance bond or security requirements for land restoration for term easements or self-renewing easements, and allowing appurtenant facilities on SUE, among various other changes.
- Modifies SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Authorizes a city or county to require, as a condition of entering into a SUE, that the solar facility enter into a community benefits agreement with one or more local communities, as specified.
- Narrows the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the photovoltaic solar facility's operating life has ended.
- Repeals provisions of law governing termination or rescission of a SUE, including termination and rescission fees.
- Requires the provisions of any Williamson Act contract affecting a parcel or parcels of land eligible and placed into a SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. Clarifies this process is in addition to other existing mechanisms under the WA, as specified.
- Exempts the entry into and recordation of a SUE from CEQA review.
- ) Provides numerous technical, clarifying and conforming changes.
Background
- The Williamson Act. The California Land Conservation Act of 1965, also known as the Williamson Act, is a program administered by the DOC to conserve agricultural and open space land. The Williamson Act allows private property owners within “an agricultural preserve” to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years, with an automatically renewing contract. These agricultural preserves are areas where a local jurisdiction wants to protect and promote agricultural uses. Land owners could also choose to enter into a contract and establish a Farming Security Zone, which is a 20-year minimum contract to preserve land for agriculture.
In return for entering into a Williamson Act contract and restricting land use to keep the door open to future agricultural use, landowners get a tax break to reflect the value of their use as agriculture or open space instead of their market value. The property tax reduction is greater for the longer-contract Farming Security Zones than for properties under the 10 year contracts, based on how much value it expects the parcel to produce when used for its intended use.
As of 2022, about 15.1 million acres of land across 52 counties were under Williamson Act contracts. According to DOC, participation in the program has been steady, hovering at about 16 million acres enrolled under contract statewide since the early 1980s. This number represents about one third of all privately held land in California, and about one half of the state’s agricultural land. DOC estimates that individual landowners have saved anywhere from 20% to 75% in reduced property taxes each year, depending upon their circumstances.
In order to terminate a Williamson Act contract to develop land, a landowner has three options: nonrenewal, cancellation, or rescission.
- Nonrenewal. The normal way to end a Williamson Act contract is for either the landowner or local officials to give “notice of nonrenewal,” which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Cancellation. Land owners can request to cancel their contract with the city or county. The local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property, or 25% in the case of a farmland security contract. If the landowner cannot meet the conditions, the board or city council must record a certificate of withdrawal of cancellation.
- Rescission. Rescission occurs when the county supervisors cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Solar use easements on subpar farmland. In 2011, the Legislature enacted SB 618 (Wolk) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for deploying solar panels. To get a solar use easement on Williamson land act land, the DOC must determine that the land is eligible for solar use easements.
DOC, in consultation with the California Department of Food and Agriculture (CDFA), can determine, based on substantial evidence, that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a SUE, if the farmland isn’t prime, unique, or of statewide importance, unless that land is unsuitable for agricultural because of poor soil conditions.
Once the local government approves an SUE, the landowner can restrict the use of that land to solar facilities to collect and distribute solar energy, and other renewable facilities, open-space, or agricultural land. Once restricted to one of these uses, the land cannot be used land for other commercial, industrial, or residential uses for the duration of the easement, which can be in perpetuity, for a set number of years, or subject to annual self-renewals.
- DOC evaluation of eligible sites for SUEs. To help DOC evaluate whether or not the land is eligible for an SUE under the WA, the landowner must provide the DOC with the following information:
- A written narrative demonstrating limitations of continued agricultural use;
- A recent soil test showing significantly reduced agricultural productivity;
- An analysis of water availability demonstrating insufficient water supply;
- An analysis of water quality demonstrating reduced agricultural production; and
- Crop and yield information for the past six years.
- Locals approve SUE and add environmental and planning criteria. To approve a solar energy project on land under a SUE, the local agency must require implementation of a management plan including any recommendations from DOC. The management plan includes soil management, impacts on adjacent agriculture, and restoration of the land to its prior condition upon termination of the easement. Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates. This can include:
- Mitigation measures on, or beyond, the land subject to the solar use easement;
- If necessary to ensure the landowner meets decommissioning requirements when easement ends, financial assurances that the landowner will restore the land to its previous condition once the solar use easement terminates;
- Provision for necessary amendments; and
- For term-limited or self-renewing easements, these restrictions must require the landowner to post a performance bond or other securities to fund the restoration of the land by the time the easement ends.
- Exiting solar use easements. Solar use easements can be extinguished by nonrenewal, termination, or returning the land to its previous contract, similar to the processes for terminating Williamson Act contracts. If the landowner decides they no longer want to use the land pursuant to their solar-use easement, they can petition the city or county to terminate the easement. Before terminating the easement, the county assessor must calculate the termination fee equivalent to 12.5% of the termination value of the property, or the current fair market value of the parcels as if not easement was in place. Before the city or county terminates the easement, they must certify the termination fee to the county auditor, which the landowner must pay upon termination. The city or county can waive part of, or the entire, payment if it finds it is in the public’s interest to do so in certain circumstances.
If the landowner extinguishes the solar use easement, then they are responsible for restoring the land to the conditions that existed before the easement.
- Environmental impacts of solar on agricultural land. Under SUEs, solar installations are a temporary use of land that could be reconverted to usable farmland. What are the impacts of solar power generation on agricultural land? The majority of studies report that solar power generation can decrease important factors that contribute to soil fertility: however, results are mixed. For instance, one study on solar arrays in the Gobi Desert found little difference in soil pH, total nitrogen, potassium, organic matter, and available phosphorus in the soil between rows with solar panels and rows with no solar panels, indicating that the solar arrays had no impact on soil nutrition[1]. On the other hand, studies in Colorado that tested soils seven years after solar project deployment found the carbon and nitrogen content to be lower in the soil on solar farms than in reference soils, demonstrating that the solar arrays can diminish soil nutrition.[2] Modelling studies have shown that deploying solar on farms increases runoff[3] and increases erosion.[4] Another study testing the impacts of solar panels after seven years in Italy found plots with solar panels had significantly less water holding capacity, and 50-60% reduced soil organic matter, diminishing soil fertility[5]. The authors of this study concluded that:
“In this study many significant variations in soil properties (physical, chemical and biochemical) were observed comparing the soil within the power plant to the nearby arable land, which represented the original land use…the setback on soil quality will certainly have future consequences on agronomic practices.”
Comments
- Purpose of Bill. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.”
- Changes incoming. AB 1156 was amended in the Senate Local Government committee on July 9th, 2025. However, due to timing restraints, those amendments will be adopted in this committee. Those amendments include:
- Modifying the criteria that DOC will use to evaluate if lands are eligible for SUEs due to insufficient water resources, striking the requirement that the project has ‘insufficient and groundwater available, to support commercially viable irrigated agricultural use’ and replacing it with criteria that:
- The land has or will have insufficient surface or groundwater as determined with the following criteria:
- Modifying the criteria that DOC will use to evaluate if lands are eligible for SUEs due to insufficient water resources, striking the requirement that the project has ‘insufficient and groundwater available, to support commercially viable irrigated agricultural use’ and replacing it with criteria that:
- lands that are located within a groundwater basin designated as high priority in the most recent Bulletin 118 by the Department of Water Resources, and
- Water deliveries to the parcel or parcels have been reduced or curtailed by a water district or governmental agency by a substantial amount for multiple consecutive years due to drought or other shortages, resulting in significantly reduced water availability for the parcel or parcels.
- Reiterates that parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the DOC approves the project as required elsewhere in the law, and specifies that the important farmland designations shall not be changed solely due to irrigation status.
- Requires the landowner to notify in writing the relevant workforce of their intent to enter into a SUE, at least 14 days before the public meeting at which the local government will decide whether or not to enter into the SUE.
- Requires the solar developer to enter into a community benefits agreement with the city or county where the SUE is located. Requires that the agreement provide community benefits, by the time the project construction begins, for any of the following:
- Job creation and training programs for local residents or farm workers.
- Financial contributions that benefit Farm Youth Training Programs or Agricultural Trade Programs.
- Financial contributions to community projects for groundwater recharge and/or water conservation programs.
- Financial contributions that benefit land preservation.
- Financial contributions to agricultural innovation research.
- Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
- Solar: on farm or elsewhere. The state has established goals to reach 100% zero-carbon electricity by 2045. By 2030, the state's Renewable Portfolio Standard (RPS) requires 60% of electricity to come from renewable resources. According to the Solar Energy Industries Association (SEIA), California is expected to add over 20,000 MW of solar capacity in the next five years. AB 1156 makes numerous changes to the Williamson Act to promote SUE, which can help the state reach its clean energy goals.
While some of the changes to SUE’s diminish environmental criteria, it is worth considering that the impacts of solar power generation on agricultural land are likely to be less disruptive to ecosystems than solar power generation in other areas that may be desirable for solar energy generation, such as projects located in areas that provide habitat for sensitive native species. Solar could also be deployed on brownfields and areas that are unlikely to support ecosystem functions, but required mitigation on brownfield sites can make such development prohibitively expensive.
- What does DOC do? AB 1156 sets a 120-day time limit for DOC to review and approve SUEs. DOC estimates on average, review time for the four existing SUEs initiated (two of which have been approved) is 63 days. At fist blush, it may seem that 120 days should be ample given that it is nearly double the average time for the handful of projects that DOC has currently evaluated: however, it should not be disregarded that AB 1156 changes the information that the DOC must look at to include information on water availability, and requires DOC to consult with GSAs in determining the land’s eligibility for a SUE. Putting a timeline on the DOC while expanding the information they must consider and also making them reliant on consultation with other agencies may impede the department’s ability to conduct a sufficiently thorough site selection.
What happens in the instance where DOC does not make a determination? Existing law specifies that the DOC may make a determination of site eligibility for SUEs: however, under AB 1156, if the DOC does not do so, then the site is deemed eligible after 120 days. Taken in conjunction with AB 1156 waiving CEQA review for DOC’s determination of site eligibility, a site could be deemed eligible for SUE without any analytical environmental review or required public transparency or engagement.
On the other hand, AB 1156’s 120-day timeline may not reach the objective it seeks to achieve, since DOC may reject applications for site eligibility as incomplete, rather than approving them or allowing them to become approved by default.
The author and committee may wish to take amendments to address these concerns by specifying that the DOC shall, rather than may, evaluate projects for site eligibility, and establishing a process by which the DOC will request additional information for incomplete site eligibility applications and retain the 120-day timeline by which DOC must make a determination or have the site deemed eligible for an SUE.
- Without mitigation, going solar may be a one-way street. Solar energy generation has the potential to impact soil fertility by decreasing nutrients, soil organic matter and water retention. Some evidence suggests that solar energy on farmland also increases runoff and erosion risk. These changes could impact overall soil fertility. If soil is no longer viable as farmland –either physically viable, or no longer economically viable given a diminishment of the soil quality—then the fundamental premise of an ‘easement’ and the WA’s intent of preserving farmland for future use is undercut.
Existing law addresses these concerns by specifically allowing deed restrictions to require mitigation measures on the land or land surrounding the parcel used for a SUE. AB 1156 however would remove that explicit authorization: while local governments would still have the ability to require mitigation measures, they may be less likely to think to make that requirement if it is not included in statute.
The author and committee may wish to strike the provision that removes local government’s ability to require mitigation for sites used for SUEs, and specify that mitigation measures must be relevant and proportional to impacts of the SUE.
- Who is the community that benefits? AB 1156 requires solar developers to enter into a community benefits agreements with local jurisdictions. Amendments taken in the Senate Local Government Committee expand the community benefits agreement so that eligible actions include:
- Job creation and training programs for local residents or farm workers.
- Financial contributions that benefit Farm Youth Training Programs or Agricultural Trade Programs.
- Financial contributions to community projects for groundwater recharge and/or water conservation programs.
- Financial contributions that benefit land preservation.
- Financial contributions to agricultural innovation research.
- Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
While solar projects on farmland are most likely to impact farmers and farm workers, as reflected in the current community benefits agreement, there may be other nearby residents that are also impacted.
Solar farms can decrease property value for nearby residents: one large-scale study of 1,500 large scale solar projects and over 1.8 million home transactions found that homes within 0.5 mi of a large scale solar projects experience an average home price reduction of 1.5% compared to homes 2–4 mi away[6]. According to another study on the impacts of solar farms on housing prices in Massachusetts and Rhode Island:
“homes within 0.6 miles of a utility-scale solar array experience a depreciation of 1.5% - 3.6%, equating to a reduction in value between $4,721 and $11,330 (2019 dollars). This impact is particularly significant in rural areas, where the installation of solar arrays on farm and forest lands impacts the open space and rural character that contribute to the desirability of these locations. In rural locations, this analysis estimates 2.5% - 5.8% reduction in housing value associated with the installation of a utility-scale solar farm within 0.6 miles[7].”
Nearby communities would also be affected in worst-case scenarios, such as a battery fire (AB 1156 specifically allows on-site energy storage for SEUs). Battery fires can have extremely harmful impacts, as evidenced in the recent January 2025 moss landing battery storage fire in Monterey county, which released smoke containing hydrogen fluoride and heavy metals among other toxic substances. Approximately 1,500 people[8] were told to evacuate in response to the fire, and some residents in the area have reported health issues that they claim are related to the fire. Following the fire, researchers have found unusually high concentrations of toxic heavy metals in surface soils at the nearby Elkhorn Slough Reserve in Moss Landing, including levels of nickel, manganese, and cobalt that were hundreds to 1,000 times higher than baseline[9].
The author and committee may wish to specify that the solar developer outreach and engage with nearby residents, according to specified procedures, when developing a community benefits agreement and authorize the community benefits agreement to include financial benefits for community improvements.
- Findings and declarations. In addition to the proposed committee amendments, the author also wishes to clarify the intent of this Legislation in findings and declarations which include:
- California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 California Air Resource Board (CARB) Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent.
- The 100 Percent Clean Energy Act of 2018 (SB 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of California’s electricity is renewable and for California to provide 100 percent of its retail sales from zero emission sources by 2045.
- Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 20,000 megawatts by 2035, with a total of at least 62,000 megawatts added to the grid by 2045 to meet the state’s decarbonization goals.
- Concurrently, the state has established a "30X30" plan to conserve 30% of land and water from development.
- California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s.
- It is estimated that 1 million acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040.
- California farmers may require new revenue tools to maintain water-fallowed areas of their farms; temporary use of land for solar projects is one revenue tool to preserve the state's farms.
- There is value in incentivizing solar in least conflict areas while facilitating achievement of our state's renewable mandates.
- A suspension of the Williamson Act for solar use will result in local revenue benefits attributable to a higher rate of property tax on the land and taxation of any new property improvement.
- An exception to Williamson Act suspension, which allows temporary use of land for solar, may be even more beneficial to local communities if combined with a community benefit agreement with local community groups, uniquely deployed only in conjunction with a Williamson suspension.
- In requiring community benefit agreements specifically in conjunction with a Williamson Act suspension, it is not the intent of the Legislature to create a new, universal tool for land use policy.
- Committee amendments. Staff recommends the committee adopt the bolded amendments contained in 4, 5, 6 and 7.
Related/Prior Legislation
AB 2528 (Arambula, 2024) would have provided an avenue for cancellation of Williamson Act contracts on agricultural land to be used for specified energy infrastructure. AB 2528 was held in the Assembly Appropriations Committee. Status: Held in the Assembly Committee on Appropriations.
AB 580 (Bennett, 2023) directed the CPUC to consult relevant state agencies about challenges to developing zero-emission energy infrastructure using grant funding from the DOC’s Multibenefit Land Repurposing Program. Status: Held – Assembly Committee on Appropriations.
SB 688 (Padilla, 2023) required the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems, conduct an evaluation of the grant program, as specified, and publish the evaluation on the CEC website, contingent upon an appropriation from the Legislature. Status: Held – Assembly Committee on Appropriations.
SB 574 (Laird) narrowed the role of the DOC in administering the Williamson Act. Status: Chapter 644, Statutes of 2021.
SB 618 (Wolk) authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. Status: Chapter 596, Statutes of 2011.
SOURCE:
SUPPORT:
Aes Corporation
American Clean Power Association
Arevon
Avantus
Aypa Power Development LLC
California Solar Energy Industries Association
California State Association of Electrical Workers
California State Building and Construction Trades Council
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Edpr Na, LLC
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy Renewables LLC
Large-scale Solar Association
Leeward Renewable Energy
Longroad Energy Management, LLC
Materra
New Leaf Energy, INC.
Rural County Representatives of California (RCRC)
Rwe
Singh Farms
Terra-gen Development Company, LLC
Union of Concerned Scientists
Vf&b Farms
OPPOSITION:
American Farmland Trust
California Alliance With Family Farmers
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
-- END --
Zhou, M., Wang, X., 2019. Influence of photovoltaic power station engineering on soil and vegetation: taking the Gobi Desert Area in the Hexi corridor of Gansu as an example. J SSWC 17 2, 132–138. Doi:10. 16843 / j. sswc. 2019. 02. 016. ↑
Choi C S, Cagle A E, Macknick J, Bloom D E, Caplan J S and Ravi S 2020a Effects of revegetation on soil physical and chemical properties in solar photovoltaic infrastructure Front. Environ. Sci. ↑
Cook L M and McCuen R H 2013 Hydrologic response of solar farms J. Hydrol. Eng. 18 536–41 ↑
Edalat M M 2017 Remote Sensing of the Environmental Impacts of Utility-Scale Solar Energy Plants (Las Vegas: University of Nevada) ↑
Moscatelli, M. C., Marabottini, R., Massaccesi, L., & Marinari, S. (2022). Soil properties changes after seven years of ground mounted photovoltaic panels in Central Italy coastal area. Geoderma Regional, 29, e00500. ↑
Elmallah, S., Hoen, B., Fujita, K. S., Robson, D., & Brunner, E. (2023). Shedding light on large-scale solar impacts: An analysis of property values and proximity to photovoltaics across six US states. Energy Policy, 175, 113425. ↑
Gaur, V., & Lang, C. (2023). House of the rising sun: The effect of utility-scale solar arrays on housing prices. Energy Economics, 122, 106699. ↑
Fire at one of the world's largest battery plants forces evacuations in California. AP. JANUARY 17, 2025 ↑
Scientists Detect Heavy Metals in Environmentally Sensitive Elkhorn Slough After Battery Storage Plant Fire | SJSU NewsCenter ↑
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: AB 1156
Author: | Wicks | ||
Version: | 5/23/2025 | Hearing Date: | 7/16/2025 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Brynn Cook | ||
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
DIGEST: This bill makes a number of changes to law governing the conversion of a Williamson Act contract into a solar-use easement (SUE) to expand what projects can go onto an SUE, what areas are eligible for SUE, and waiving the current fee associated with entering into an SUE on land contracted under the Williamson Act, among numerous other changes.
ANALYSIS:
Existing law:
- Creates the Williamson Act also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes.
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. If the land under contract is covered by a Farmland Security Zone, the Department of Conservation (DOC) must approve the cancellation.
- Local officials can cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. (Government Code §§ 51191-51192.2)
- Defines a “solar-use easement” as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production. (Government Code § 51190)
- Establishes the Sustainable Groundwater Management Act (SGMA), as a statewide framework to protect groundwater resources by requiring local agencies to form groundwater sustainability agencies (GSAs) for the designated high and medium priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. (Water Code §§ 10720-10738)
- Establishes the California Environmental Quality Act (CEQA). Under CEQA, a lead agency determines whether a project is exempt from CEQA, or if it must do an initial study to determine if a project will have significant effects on the environment. If a project has no effect on the environment or effects that can be mitigated, the lead agency prepares a negative declaration (ND) or mitigated ND (MND). If the project will have significant impacts, the lead agency prepares an environmental impact report (EIR) to evaluate and propose mitigation measures for any effects on the environment, including impacts or likely impacts to land, air, water, minerals, flora, fauna, ambient noise, and historic or aesthetic significance. (Public Resources Code (PRC) §§21000 et seq.)
- Establishes the policy that all of the state's retail electricity be supplied with a mix of RPS-eligible and zero-carbon resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, for a total of 100% clean energy. (Public Utilities Code § 454.53)
This bill:
- Expands the permissible land uses of Solar Use Easements (SUEs) to include solar energy storage and appurtenant facilities.
- Specifies that the provisions of any Williamson Act contract binding the land under the SUE would be inoperative (rather than rescinded pursuant to existing law) and the land would be enforceably restricted pursuant to law governing SUEs, as specified, and removes language allowing a SUE to exist in perpetuity.
- Changes the process by which the DOC determines if a parcel under a Williamson Act contract is eligible for conversion into a SUE, including among other actions:
- Expands the eligibility criteria to convert land under a Williamson Act contract into an SUE to include the following scenarios:
- Instances where the land meets both of the following criteria:
- Expands the eligibility criteria to convert land under a Williamson Act contract into an SUE to include the following scenarios:
(1) The parcel or parcels have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land; or
(2) The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources;
- Removes a prohibition on parcels that are located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified. This makes those areas eligible for conversion to a SUE instead of preserving them under the Williamson Act;
- Requires DOC to make a determination on whether land is eligible for an SUE within 120 days following submission of a completed application package, or else the application is deemed approved; and
- Modifies an existing exemption from CEQA for Williamson Act contracts to further exempt all department determinations of eligibility from CEQA, and specifies that this exemption shall not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Changes SUE deed requirements and decommissioning rules by eliminating mitigation measures on or beyond SUE land, removing the requirement for performance bond or security requirements for land restoration for term easements or self-renewing easements, and allowing appurtenant facilities on SUE, among various other changes.
- Modifies SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Authorizes a city or county to require, as a condition of entering into a SUE, that the solar facility enter into a community benefits agreement with one or more local communities, as specified.
- Narrows the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the photovoltaic solar facility's operating life has ended.
- Repeals provisions of law governing termination or rescission of a SUE, including termination and rescission fees.
- Requires the provisions of any Williamson Act contract affecting a parcel or parcels of land eligible and placed into a SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. Clarifies this process is in addition to other existing mechanisms under the WA, as specified.
- Exempts the entry into and recordation of a SUE from CEQA review.
- ) Provides numerous technical, clarifying and conforming changes.
Background
- The Williamson Act. The California Land Conservation Act of 1965, also known as the Williamson Act, is a program administered by the DOC to conserve agricultural and open space land. The Williamson Act allows private property owners within “an agricultural preserve” to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years, with an automatically renewing contract. These agricultural preserves are areas where a local jurisdiction wants to protect and promote agricultural uses. Land owners could also choose to enter into a contract and establish a Farming Security Zone, which is a 20-year minimum contract to preserve land for agriculture.
In return for entering into a Williamson Act contract and restricting land use to keep the door open to future agricultural use, landowners get a tax break to reflect the value of their use as agriculture or open space instead of their market value. The property tax reduction is greater for the longer-contract Farming Security Zones than for properties under the 10 year contracts, based on how much value it expects the parcel to produce when used for its intended use.
As of 2022, about 15.1 million acres of land across 52 counties were under Williamson Act contracts. According to DOC, participation in the program has been steady, hovering at about 16 million acres enrolled under contract statewide since the early 1980s. This number represents about one third of all privately held land in California, and about one half of the state’s agricultural land. DOC estimates that individual landowners have saved anywhere from 20% to 75% in reduced property taxes each year, depending upon their circumstances.
In order to terminate a Williamson Act contract to develop land, a landowner has three options: nonrenewal, cancellation, or rescission.
- Nonrenewal. The normal way to end a Williamson Act contract is for either the landowner or local officials to give “notice of nonrenewal,” which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
- Cancellation. Land owners can request to cancel their contract with the city or county. The local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property, or 25% in the case of a farmland security contract. If the landowner cannot meet the conditions, the board or city council must record a certificate of withdrawal of cancellation.
- Rescission. Rescission occurs when the county supervisors cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Solar use easements on subpar farmland. In 2011, the Legislature enacted SB 618 (Wolk) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for deploying solar panels. To get a solar use easement on Williamson land act land, the DOC must determine that the land is eligible for solar use easements.
DOC, in consultation with the California Department of Food and Agriculture (CDFA), can determine, based on substantial evidence, that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a SUE, if the farmland isn’t prime, unique, or of statewide importance, unless that land is unsuitable for agricultural because of poor soil conditions.
Once the local government approves an SUE, the landowner can restrict the use of that land to solar facilities to collect and distribute solar energy, and other renewable facilities, open-space, or agricultural land. Once restricted to one of these uses, the land cannot be used land for other commercial, industrial, or residential uses for the duration of the easement, which can be in perpetuity, for a set number of years, or subject to annual self-renewals.
- DOC evaluation of eligible sites for SUEs. To help DOC evaluate whether or not the land is eligible for an SUE under the WA, the landowner must provide the DOC with the following information:
- A written narrative demonstrating limitations of continued agricultural use;
- A recent soil test showing significantly reduced agricultural productivity;
- An analysis of water availability demonstrating insufficient water supply;
- An analysis of water quality demonstrating reduced agricultural production; and
- Crop and yield information for the past six years.
- Locals approve SUE and add environmental and planning criteria. To approve a solar energy project on land under a SUE, the local agency must require implementation of a management plan including any recommendations from DOC. The management plan includes soil management, impacts on adjacent agriculture, and restoration of the land to its prior condition upon termination of the easement. Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates. This can include:
- Mitigation measures on, or beyond, the land subject to the solar use easement;
- If necessary to ensure the landowner meets decommissioning requirements when easement ends, financial assurances that the landowner will restore the land to its previous condition once the solar use easement terminates;
- Provision for necessary amendments; and
- For term-limited or self-renewing easements, these restrictions must require the landowner to post a performance bond or other securities to fund the restoration of the land by the time the easement ends.
- Exiting solar use easements. Solar use easements can be extinguished by nonrenewal, termination, or returning the land to its previous contract, similar to the processes for terminating Williamson Act contracts. If the landowner decides they no longer want to use the land pursuant to their solar-use easement, they can petition the city or county to terminate the easement. Before terminating the easement, the county assessor must calculate the termination fee equivalent to 12.5% of the termination value of the property, or the current fair market value of the parcels as if not easement was in place. Before the city or county terminates the easement, they must certify the termination fee to the county auditor, which the landowner must pay upon termination. The city or county can waive part of, or the entire, payment if it finds it is in the public’s interest to do so in certain circumstances.
If the landowner extinguishes the solar use easement, then they are responsible for restoring the land to the conditions that existed before the easement.
- Environmental impacts of solar on agricultural land. Under SUEs, solar installations are a temporary use of land that could be reconverted to usable farmland. What are the impacts of solar power generation on agricultural land? The majority of studies report that solar power generation can decrease important factors that contribute to soil fertility: however, results are mixed. For instance, one study on solar arrays in the Gobi Desert found little difference in soil pH, total nitrogen, potassium, organic matter, and available phosphorus in the soil between rows with solar panels and rows with no solar panels, indicating that the solar arrays had no impact on soil nutrition[1]. On the other hand, studies in Colorado that tested soils seven years after solar project deployment found the carbon and nitrogen content to be lower in the soil on solar farms than in reference soils, demonstrating that the solar arrays can diminish soil nutrition.[2] Modelling studies have shown that deploying solar on farms increases runoff[3] and increases erosion.[4] Another study testing the impacts of solar panels after seven years in Italy found plots with solar panels had significantly less water holding capacity, and 50-60% reduced soil organic matter, diminishing soil fertility[5]. The authors of this study concluded that:
“In this study many significant variations in soil properties (physical, chemical and biochemical) were observed comparing the soil within the power plant to the nearby arable land, which represented the original land use…the setback on soil quality will certainly have future consequences on agronomic practices.”
Comments
- Purpose of Bill. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.”
- Changes incoming. AB 1156 was amended in the Senate Local Government committee on July 9th, 2025. However, due to timing restraints, those amendments will be adopted in this committee. Those amendments include:
- Modifying the criteria that DOC will use to evaluate if lands are eligible for SUEs due to insufficient water resources, striking the requirement that the project has ‘insufficient and groundwater available, to support commercially viable irrigated agricultural use’ and replacing it with criteria that:
- The land has or will have insufficient surface or groundwater as determined with the following criteria:
- Modifying the criteria that DOC will use to evaluate if lands are eligible for SUEs due to insufficient water resources, striking the requirement that the project has ‘insufficient and groundwater available, to support commercially viable irrigated agricultural use’ and replacing it with criteria that:
- lands that are located within a groundwater basin designated as high priority in the most recent Bulletin 118 by the Department of Water Resources, and
- Water deliveries to the parcel or parcels have been reduced or curtailed by a water district or governmental agency by a substantial amount for multiple consecutive years due to drought or other shortages, resulting in significantly reduced water availability for the parcel or parcels.
- Reiterates that parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the DOC approves the project as required elsewhere in the law, and specifies that the important farmland designations shall not be changed solely due to irrigation status.
- Requires the landowner to notify in writing the relevant workforce of their intent to enter into a SUE, at least 14 days before the public meeting at which the local government will decide whether or not to enter into the SUE.
- Requires the solar developer to enter into a community benefits agreement with the city or county where the SUE is located. Requires that the agreement provide community benefits, by the time the project construction begins, for any of the following:
- Job creation and training programs for local residents or farm workers.
- Financial contributions that benefit Farm Youth Training Programs or Agricultural Trade Programs.
- Financial contributions to community projects for groundwater recharge and/or water conservation programs.
- Financial contributions that benefit land preservation.
- Financial contributions to agricultural innovation research.
- Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
- Solar: on farm or elsewhere. The state has established goals to reach 100% zero-carbon electricity by 2045. By 2030, the state's Renewable Portfolio Standard (RPS) requires 60% of electricity to come from renewable resources. According to the Solar Energy Industries Association (SEIA), California is expected to add over 20,000 MW of solar capacity in the next five years. AB 1156 makes numerous changes to the Williamson Act to promote SUE, which can help the state reach its clean energy goals.
While some of the changes to SUE’s diminish environmental criteria, it is worth considering that the impacts of solar power generation on agricultural land are likely to be less disruptive to ecosystems than solar power generation in other areas that may be desirable for solar energy generation, such as projects located in areas that provide habitat for sensitive native species. Solar could also be deployed on brownfields and areas that are unlikely to support ecosystem functions, but mitigation on brownfield
4) Is the site right? AB 1156 makes two changes that could diminish environmental considerations for siting solar projects in SUEs. Firstly, the bill creates a CEQA exemption for DOC’s determination on whether or not a site is eligible for an SEU. The first step of CEQA is to conduct an initial study which considers the physical environment in the area where the project is proposed. This is an important step to understanding the natural resources in an area that might need to be considered in further environmental review of a project. It can also help inform whether or not a site is a good candidate for a project—or if there are unique features of that site that are likely to cause issues in environmental review later down the road. While actually building a solar project is still subject to CEQA, waiving CEQA review for the evaluation of the site as eligible for SUE could limit input and public transparency on site selection prior to the contract being entered into.
Secondly, the bill sets a 120-day time limit for DOC to review and approve SUEs. DOC estimates on average, review time for the four existing SUEs initiated (two of which have been approved) is 63 days. At first blush, the proposed 120 days may seem ample for DOC to review and issue its determination of eligibility.
However, the bill also changes the role that DOC has in approving SUEs: firstly, AB 1156 requires DOC to consult with GSAs in determining the land’s eligibility for a SUE, increasing the coordination that DOC must facilitate in reaching a decision. Putting a timeline on the DOC while also making them reliant on consultation with other agencies may impede the department’s ability to conduct a sufficiently thorough site selection. Secondly, it is not clear in the bill currently whether or not the DOC’s authority has shifted from simply making a determination of eligibility for an SUE to actually approving projects in 120 days. If the language is intended to expand DOC’s authority to approve projects, the 120-day time limit may be too constrained to allow thorough review.
It is also not clear in the current language of AB 1156 whether or not the DOC actually has the option to opt-out of evaluating eligibility for SUEs. While existing law specifies that DOC may determine if a parcel of land is eligible for an SUE, AB 1156 adds language that specifies that DOC shall make a determination in 120 days: if it fails to do so on that timeline, the application is deemed complete. Under this scenario, if the DOC does not wish to be involved in the process of determining if a parcel of land is eligible for an SUE, the parcel could de-facto be deemed eligible since the DOC would not make a determination within 120 days of receiving the application.
This is particularly problematic given that AB 1156 also waives the CEQA review for DOC’s determination of site eligibility. Under a scenario where DOC does not make a determination in time or chooses not to make a determination at all, a site could be deemed eligible for SUE without any environmental review or required public transparency or engagement.
The author and committee may wish to take technical and clarifying amendments to specify that DOC’s role is to make a determination of whether or not a parcel is eligible for an SUE (not approving projects) and may wish to specify that the DOC’s 120-time limit to make a determination before the project becomes automatically approved only applies if the DOC opts to review sites for eligibility for SUEs.
- Without mitigation, going solar may be a one-way street. Solar energy generation has the potential to impact soil fertility by decreasing nutrients, soil organic matter and water retention. Some evidence suggests that solar energy on farmland also increases runoff and erosion risk. These changes could impact overall soil fertility. If soil is no longer viable as farmland –either physically viable, or no longer economically viable given a diminishment of the soil quality—then the fundamental premise of an ‘easement’ and the WA’s intent of preserving farmland for future use is undercut.
Existing law addresses these concerns by specifically allowing deed restrictions to require mitigation measures on the land or land surrounding the parcel used for a SUE. AB 1156 however would remove that explicit authorization: while local governments would still have the ability to require mitigation measures, they may be less likely to think to make that requirement if it is not included in statute. If mitigation does not happen, then conversion from farmland to solar could, at least in some cases, be a one-way street.
The author and committee may wish to strike the provision that removes local government’s ability to require mitigation for sites used for SUEs or adjacent to SUEs.
- Who is the community that benefits? AB 1156 requires solar developers to enter into a community benefits agreements with local jurisdictions. Amendments taken in the Senate Local Government Committee expand the community benefits agreement so that eligible actions include:
- Job creation and training programs for local residents or farm workers.
- Financial contributions that benefit Farm Youth Training Programs or Agricultural Trade Programs.
- Financial contributions to community projects for groundwater recharge and/or water conservation programs.
- Financial contributions that benefit land preservation.
- Financial contributions to agricultural innovation research.
- Financial contributions that benefit workers displaced by water scarcity impacting agricultural jobs.
While solar projects on farmland are most likely to impact farmers and farm workers, as reflected in the current community benefits agreement, there may be other nearby residents that are also impacted.
Solar farms can decrease property value for nearby residents: one large-scale study of 1,500 large scale solar projects and over 1.8 million home transactions found that homes within 0.5 mi of a large scale solar projects experience an average home price reduction of 1.5% compared to homes 2–4 mi away[6]. According to another study on the impacts of solar farms on housing prices in Massachusetts and Rhode Island:
“homes within 0.6 miles of a utility-scale solar array experience a depreciation of 1.5% - 3.6%, equating to a reduction in value between $4,721 and $11,330 (2019 dollars). This impact is particularly significant in rural areas, where the installation of solar arrays on farm and forest lands impacts the open space and rural character that contribute to the desirability of these locations. In rural locations, this analysis estimates 2.5% - 5.8% reduction in housing value associated with the installation of a utility-scale solar farm within 0.6 miles[7].”
Nearby communities would also be affected in worst-case scenarios, such as a battery fire (AB 1156 specifically allows on-site energy storage for SEUs). Battery fires can have extremely harmful impacts, as evidenced in the recent January 2025 moss landing battery storage fire in Monterey county, which released smoke containing hydrogen fluoride and heavy metals among other toxic substances. Approximately 1,500 people[8] were told to evacuate in response to the fire, and some residents in the area have reported health issues that they claim are related to the fire. Following the fire, researchers have found unusually high concentrations of toxic heavy metals in surface soils at the nearby Elkhorn Slough Reserve in Moss Landing, including levels of nickel, manganese, and cobalt that were hundreds to 1,000 times higher than baseline[9].
The author and committee may wish to specify that the solar developer outreach and engage with nearby residents when developing a community benefits agreement and authorize the community benefits agreement to include financial benefits for community improvements.
- Committee amendments. Staff recommends the committee adopt the bolded amendments contained in 3, 4, and 5.
Related/Prior Legislation
AB 2528 (Arambula, 2024) would have provided an avenue for cancellation of Williamson Act contracts on agricultural land to be used for specified energy infrastructure. AB 2528 was held in the Assembly Appropriations Committee. Status: Held in the Assembly Committee on Appropriations.
AB 580 (Bennett, 2023) directed the CPUC to consult relevant state agencies about challenges to developing zero-emission energy infrastructure using grant funding from the DOC’s Multibenefit Land Repurposing Program. Status: Held – Assembly Committee on Appropriations.
SB 688 (Padilla, 2023) required the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems, conduct an evaluation of the grant program, as specified, and publish the evaluation on the CEC website, contingent upon an appropriation from the Legislature. Status: Held – Assembly Committee on Appropriations.
SB 574 (Laird) narrowed the role of the DOC in administering the Williamson Act. Status: Chapter 644, Statutes of 2021.
SB 618 (Wolk) authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. Status: Chapter 596, Statutes of 2011.
SOURCE:
SUPPORT:
Aes Corporation
American Clean Power Association
Arevon
Avantus
Aypa Power Development LLC
California Solar Energy Industries Association
California State Association of Electrical Workers
California State Building and Construction Trades Council
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Edpr Na, LLC
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy Renewables LLC
Large-scale Solar Association
Leeward Renewable Energy
Longroad Energy Management, LLC
Materra
New Leaf Energy, INC.
Rural County Representatives of California (RCRC)
Rwe
Singh Farms
Terra-gen Development Company, LLC
Union of Concerned Scientists
Vf&b Farms
OPPOSITION:
American Farmland Trust
California Alliance With Family Farmers
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
-- END --
Zhou, M., Wang, X., 2019. Influence of photovoltaic power station engineering on soil and vegetation: taking the Gobi Desert Area in the Hexi corridor of Gansu as an example. J SSWC 17 2, 132–138. Doi:10. 16843 / j. sswc. 2019. 02. 016. ↑
Choi C S, Cagle A E, Macknick J, Bloom D E, Caplan J S and Ravi S 2020a Effects of revegetation on soil physical and chemical properties in solar photovoltaic infrastructure Front. Environ. Sci. ↑
Cook L M and McCuen R H 2013 Hydrologic response of solar farms J. Hydrol. Eng. 18 536–41 ↑
Edalat M M 2017 Remote Sensing of the Environmental Impacts of Utility-Scale Solar Energy Plants (Las Vegas: University of Nevada) ↑
Moscatelli, M. C., Marabottini, R., Massaccesi, L., & Marinari, S. (2022). Soil properties changes after seven years of ground mounted photovoltaic panels in Central Italy coastal area. Geoderma Regional, 29, e00500. ↑
Elmallah, S., Hoen, B., Fujita, K. S., Robson, D., & Brunner, E. (2023). Shedding light on large-scale solar impacts: An analysis of property values and proximity to photovoltaics across six US states. Energy Policy, 175, 113425. ↑
Gaur, V., & Lang, C. (2023). House of the rising sun: The effect of utility-scale solar arrays on housing prices. Energy Economics, 122, 106699. ↑
Fire at one of the world's largest battery plants forces evacuations in California. AP. JANUARY 17, 2025 ↑
Scientists Detect Heavy Metals in Environmentally Sensitive Elkhorn Slough After Battery Storage Plant Fire | SJSU NewsCenter ↑
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2025 - 2026 Regular
Bill No: | AB 1156 | Hearing Date: | 7/2/25 |
Author: | Wicks | Fiscal: | Yes |
Version: | 5/23/25 | Consultant: | Peterson |
Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
Makes a number of changes to law governing the conversion of agricultural easements into a solar use easement.
Background
Williamson Act. The California Land Conservation Act of 1965, also known as the Williamson Act, is a program administered by the California Department of Conservation (DOC) to conserve agricultural and open space land. The Williamson Act allows private property owners within “an agricultural preserve” to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years. These agricultural preserves are areas where a county, or less often a city, wants to protect and promote agricultural uses. To establish an agricultural preserve, the board of supervisors (board) or city council must adopt a resolution that describes the area covered by the preserve.
Williamson Act contracts automatically renew each year, so that the term is always 10 years in the future. In return for these voluntary contracts, county assessors lower the value of Williamson Act contracted lands to reflect the value of their use as agriculture or open space instead of their market value under Proposition 13 (1978). In 1998, the Legislature created an option of establishing a Farmland Security Zone, which offers landowners a greater property tax reduction for a minimum 20-year contract (SB 1182, Costa). The Revenue and Taxation Code sets out valuation procedures for land under Williamson Act and Farmland Security Zone contracts, as well as for other lands whose use is enforceably restricted in various ways, including scenic restrictions, open space easements, restrictions for timber cultivation, and wildlife habitat contracts. The specific procedures vary, but the county assessor determines how much to lower property taxes based on how much value it expects the parcel to produce when used for its intended use.
A landowner who wants to develop land restricted by a Williamson Act contract has three options: nonrenewal, cancellation, or rescission. The normal way to end a Williamson Act contract is for either the landowner or local officials to give “notice of nonrenewal,” which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
Alternatively, local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property, or 25% in the case of a farmland security contract. The board or city council first issues a notice of tentative cancellation, which becomes final after the landowner meets any conditions or contingencies of the cancellation and any fees are paid. If the landowner cannot meet the conditions, the board or city council must record a certificate of withdrawal of cancellation.
The third option is rescission. Rescission occurs when the county supervisors cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
Solar use easements. In 2011, the Legislature enacted SB 618 (Wolk) to modify the Williamson Act to encourage the development of solar panels on marginally productive or physically impaired farmland by creating a method for terminating a Williamson Act contract to use for solar panel development.
Under this measure, the landowner of a parcel that the Department of Conservation (DOC) has determined to be eligible can restrict the use of that land to solar facilities to collect and distribute solar energy, and any subordinate agricultural, open-space, or renewable facilities. This solar use easement can be in perpetuity, for a set number of years, or subject to annual self-renewals. Once restricted, the landowner cannot use the land for other commercial, industrial, or residential uses. This means the landowner cannot construct improvements unless expressly
Upon request from the city or county, DOC, in consultation with the California Department of Food and Agriculture (CDFA), can determine, based on substantial evidence, that a parcel is eligible for rescission of the existing Williamson Act contract and place the parcel into a solar-use easement, if the land isn’t prime, unique, or of statewide importance farmland, unless that land is unsuitable for agricultural activities, and either:
- Consists predominately of soils with significantly reduced agricultural productivity due to specified physical reasons; or
- Has severely adverse soil conditions detrimental to continued agricultural use.
To assist DOC in assessing these conditions, the landowner must provide the following information, if applicable:
- A written narrative demonstrating limitations of continued agricultural use;
- A recent soil test showing significantly reduced agricultural productivity;
- An analysis of water availability demonstrating insufficient water supply;
- An analysis of water quality demonstrating reduced agricultural production; and
- Crop and yield information for the past six years.
The landowner must also provide DOC with a proposed management plan describing soil management plans, how they plan to minimize impacts on adjacent agricultural operations, and how the landowner will restore the land to previous condition once the solar use easement terminates. If approved, the city or county must require implementation of the management plan including any recommendations from DOC.
Cities or counties can require any necessary or desirable restrictions, conditions, or covenants to restrict the land to solar facilities, which can include mitigation measures, or financial assurances to ensure the landowner restores the land to its original state when the easement terminates. This can include:
- Mitigation measures on, or beyond, the land subject to the solar use easement;
- If necessary to ensure the landowner meets decommissioning requirements when easement ends, financial assurances that the landowner will restore the land to its previous condition once the solar use easement terminates;
- Provision for necessary amendments; and
- For term-limited or self-renewing easements, these restrictions must require the landowner to post a performance bond or other securities to fund the restoration of the land by the time the easement ends.
Any requirements are not effective until the city or county’s governing body accepts or approves them by adopting a resolution. A city or county cannot approve any land use on land the easement covers or issue building permit for any structure that would violate the solar use easement. If the city or county fails to seek an injunction against an activity on the land that would violate the solar use easement, or builds a structure that would violate the easement, any person can seek an injunction.
Extinguishing solar use easements. Solar use easements can be extinguished by nonrenewal, termination, or returning the land to its previous contract, similar to the processes for terminating Williamson Act contracts. If the landowner decides they no longer want to use the land pursuant to their solar-use easement, they can petition the city or county to terminate the easement. Before terminating the easement, the county assessor must calculate the termination fee equivalent to 12.5% of the termination value of the property, or the current fair market value of the parcels as if not easement was in place. Before the city or county terminates the easement, they must certify the termination fee to the county auditor, which the landowner must pay upon termination. The city or county can waive part of, or the entire, payment if it finds it is in the public’s interest to do so in certain circumstances.
In the case of a solar-use easement extinguished because nonrenewal by the landowner or due to termination, the landowner must restore the land to the conditions that existed before the easement by the time the easement extinguishes, including following the provisions of any preexisting easement or contract.
The author wants to make it easier for landowners to turn their agricultural parcels into solar facilities.
Proposed Law
Assembly Bill 1156 makes numerous changes to the process for converting an agricultural restriction into a solar use easement.
First, the measure changes the definition of solar-use easement to:
- Remove the ability to restrict land for solar use in perpetuity and requires restrictions to be for a limited number of years;
- Add storage and appurtenant, or accessory, facilities, to the list of allowable projects;
- Allow improvements for appurtenant clean energy facilities; and
- Provide that, during the term of the solar use easement, any existing Williamson Act contract is inoperative and the land is restricted for solar facilities.
Additionally, AB 1156 makes various changes to the process for DOC to approve the request to enter into a solar use easement that:
- Add insufficient surface water and/or groundwater available to list of criteria that would qualify land for an easement;
- Require consultation with any applicable groundwater sustainability agency or services;
- Require landowners, not cities or counties to request DOC to approve the easement;
- Provide that DOC’s eligibility determination is not a project under the California Environmental Quality Act; and
- Require DOC to issue its eligibility determination within 120 days following submission of a completed application. Applications not approved within 120 days are deemed approved.
AB 1156 also repeals the requirement that land cannot be prime farmland and instead requires land to both:
- Have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land; and
- Not be encumbered by a conservation easement or enrolled in a land conservation program for the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
Next, AB 1156 makes changes to the requirements and conditions local agencies can impose on solar use easements. The bill modifies the restrictions, conditions, or covenants that a city or county can require in a deed or other instrument to restrict the land to solar facilities to:
- Removes the ability to include mitigation measures on, or beyond, the land as a condition of entering into the solar use easement;
- Provides that any decommissioning requirement cannot be in addition to other state or local requirements that ensure decommissioning of the facility;
- Removes, for term-limited or self-renewing easements, the requirement for solar use easements to require the landowner to post a performance bond or other security to fund the restoration of the land by the time the easement ends, but continues to allow a city or county to require a security as part of facility decommissioning requirements;
- Provides that these measures do not limit the authority of a city or county to require other measures to ensure that activities on the restricted land do not interfere with activities on adjacent land;
- Removes the authority for a person to seek an injunction if the city or county fails to seek an injunction against an activity on the land that would violate the solar use easement, or builds a structure that would violate the easement; and
- Other minor changes to the requirements a city or county can impose.
However, AB 1156 allows a city or county to require the solar facility to enter into a community benefits agreement with one or more local communities. The measure provides that a requirement to have a community benefits agreement does not limit the authority for the city or county to require other remedies.
AB 1156 modifies the process for extinguishing a solar use easement to require the extinguishment to occur by mutual consent. It also limits when local agencies can decide not to renew a solar use easement to the end of the solar facility’s operating life, as specified, or instances where the city or county finds that the landowner has either:
- Materially failed to comply with the terms and conditions of the solar-use easement; or
- Operated the solar facilities in a manner that constitutes a continuing or repeated legal nuisance.
If extinguishing because of nonrenewal, termination by mutual consent, or the result of a boundary adjustment, the landowner must restore the land to the conditions that existed before the easement by the time the easement extinguishes, including following the provisions of any preexisting easement or contract.
The measure also removes the requirement for the landowner to pay termination or rescission fees.
Finally, AB 1156 exempts the recording of a solar use easement from the California Environmental Quality Act.
Comments
1. Purpose of the bill. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
“To achieve California’s goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
“Parallel to California’s clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
“In addition to the state’s energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
“In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
“AB 1156 responsibly updates California’s Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.”
2. Shot through the heart. For decades, the Williamson Act has provided an incentive for landowners to preserve land for agricultural use instead of converting it for other purposes. The landowner benefits from reduced property taxes while it uses the land for agriculture, but has the opportunity to convert the land into other uses if it pays a fee. AB 1156 removes these fee provisions for solar use easements, meaning a landowner could convert their agricultural land into a solar farm without consequences. According to the opponents of the bill, like the California Farm Bureau, this could significantly impair the effectiveness of the Williamson Act and other agricultural restrictions, removing the incentive for continuing to use land for agricultural uses. Removing financial consequences for converting a Williamson Act easement into a solar use easement provides an incentive to landowners to take land that could still serve agricultural uses out of service.
3. Relic of the past? While the Williamson Act may have provided opportunities for farmers to continue using their land for agricultural uses in the past, whether it continues to serve its purpose has come under scrutiny. A Fresnoland investigation revealed that the Williamson Act, “…diverted almost a billion dollars earmarked for local schools, hospitals and roads to Westside mega-farms owned by out-of-state investors and Wall Street firms.”[1] The county board of supervisors announced they would look into whether it makes sense to continue the program because, “Since 2016, the annual costs of the Williamson Act in Fresno County have more than doubled to over $50 million, according to county tax records, running up to over $800 million in costs since the 1990s.”[2] They are currently facing a $15 million budget deficit. One of the biggest losers if Fresno County ended their program would be the $200 billion pension fund for the Royal Canadian Mounted Police, which receives an annual $1.6 million tax break. Other counties have already ended their Williamson Act programs: Imperial County ended theirs in 2010. This recent evidence may suggest that the current Williamson Act may not continue to serve its intended purpose effectively. AB 1156 may reduce unintended consequences associated with the Williamson Act, but could also open up speculative opportunities for companies, not farmers.
4. Words matter. AB 1156 uses various terms but does not provide clear definitions for their use. For example, the measure expands the ability to convert agricultural easements into solar use easements when there is or will be insufficient surface water or groundwater available, or insufficient surface water and groundwater available, to support commercially viable irrigated agricultural use. However, the measure does not define what conditions constitute insufficient water available, or what constitutes commercially viable agricultural use. Many lands are in basins with limited supplies of surface water and groundwater, but whether those conditions are permanent, or can be alleviated with improved water management practices, is unclear. Additionally, what water supply constitutes commercial viability differs across the state from the coastal zones to more arid interior areas. Without clearly defining these terms, AB 1156 puts these decisions in the hands of DOC, a state agency. While they must consult with CDFA and relevant groundwater sustainability agencies, it is unclear whether the process will adequately consider geographic differences in terms of groundwater sufficiency and commercial viability. The Committee may wish to consider amending the bill to more clearly define these key terms.
5. Leaving people behind. Converting agricultural land into other uses can have tremendous impacts on the community. Replacing productive agricultural land with solar panels potentially reduces opportunities for farmworkers. While AB 1156 attempts to limit conversions to land that no agricultural lands that are no longer commercially viable, the farmworkers working that land may not have other readily available job opportunities. AB 1156 seeks to ameliorate this concern by allowing a local government to require the landowner to enter into a community benefits agreement as condition for converting their agricultural easement into a solar use easement. Such agreements could include job training for local residents, provide opportunities for local businesses, and financial contributions to community development projects. However, AB 1156 leaves the decision about requiring a community benefits agreement in the hands of the local government, which means there is no guarantee that solar use easements will lead to community benefits across the state. Additionally, there is no guarantee that farmworkers displaced by a solar use conversion will receive benefits to support their basic needs. The Committee may wish to consider amending the bill to make entering into a community benefits agreement a requirement and spell out the process for ensuring the landowner follows through on the agreement.
6. Let’s get technical. Committee staff recommend the following technical amendments:
- On page 12, line 15, replace “51191” with “51190.”
7. Coming and going. The Senate Rules Committee has ordered a double referral of AB 1156: first to the Committee on Local Government to hear issues relating to land use, and second to the Committee on Environmental Quality.
Assembly Actions
Assembly Utilities and Energy Committee: 16-0
Assembly Local Government Committee: 9-0
Assembly Agriculture Committee: 6-1
Assembly Appropriations Committee: 11-1
Assembly Floor: 66-5
Support and Opposition
(6/27/25)
Support: Large-scale Solar Association (Sponsor)
Aes Corporation
Almond Alliance
American Clean Power Association
Arevon
Avantus
Aypa Power Development LLC
California Solar Energy Industries Association
California State Association of Electrical Workers
California State Building and Construction Trades Council
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Edpr Na, LLC
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy Renewables LLC
Leeward Renewable Energy
Local Agency Formation Commission of Napa County
Longroad Energy Management, LLC
Materra
New Leaf Energy, INC.
Rural County Representatives of California (RCRC)
Rwe
Singh Farms
Terra-gen Development Company, LLC
The Nature Conservancy
Union of Concerned Scientists
Vf&b Farms
Opposition: American Farmland Trust
California Alliance With Family Farmers
California Certified Organic Farmers (CCOF)
California Climate & Agricultural Network (CALCAN)
California Farm Bureau Federation
California Farmland Trust
California Farmlink
California Rangeland Trust
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1156
Author:(Wicks)
As Amended Ver:May 23, 2025
Majority vote
SUMMARY
Makes a number of changes to law governing the conversion of a Williamson Act (WA) contract into a solar-use easement (SUE).
Major Provisions
- Changes the definition of a SUE to: expand the permissible land uses of SUEs to include solar energy storage and appurtenant renewable or clean energy facilities; remove language allowing a SUE to exist in perpetuity; and, specify that the provisions of any WA contract binding the land under the SUE would be inoperative (rather than rescinded pursuant to existing law) and the land would be enforceably restricted pursuant to law governing SUEs, as specified.
- Changes the process by which the Department of Conservation determines if a parcel under a WA contract is eligible for conversion into a SUE, as follows:
- Requires the department to consult with any applicable groundwater sustainability agency (GSA) or services.
- Makes this process contingent on a request from a landowner, instead of a city or county.
- Changes this process from a rescission of a WA contract to a conversion of the WA contract into an SUE.
- Expands the eligibility criteria to include the following:
- Instances where there is or will be insufficient surface water and/or groundwater available to support commercially viable irrigated agricultural use.
- Instances where the land meets both of the following criteria:
- The parcel or parcels have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
- The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
- Removes a prohibition on parcels that are located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.
- Changes the information that a city or county must require a landowner to provide to the department, to conform with changes specified above.
- Modifies an existing exemption from the California Environmental Quality Act (CEQA) to exempt all department determinations of eligibility from CEQA, and specifies that this exemption shall not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Requires the department to issue its determination of eligibility within 120 days following submission of a completed application package, or else the application is deemed approved.
- Changes SUE deed requirements and decommissioning rules by:
- Adding appurtenant facilities to allowable uses.
- Eliminating public dedication language, mitigation measures on or beyond SUE land, and performance bond or security requirements for land restoration.
- Clarifying that decommissioning requirements shall not be in addition to other state or local requirements.
- Allowing salvage value to be considered in decommissioning cost estimates.
- Providing for termination of the SUE if the governmental authorization allowing facilities to be constructed expires without being exercised and the project is not built.
- Providing for necessary adjustments, including those necessary to adjust boundaries of the SUE if the facilities constructed are less extensive than originally anticipated.
- Specifying that the provisions in a) through f) do not supersede or limit the authority of a city or county to require measures to ensure that activities on the restricted land do not interfere with activities on adjacent land and vice versa, such as maintenance of adequate fencing, or otherwise impair a city's or a county's authority under Section 7 of Article XI of the California Constitution.
- Modifies SUE enforcement and land use provisions by eliminating a private right of action if a city or county fails to seek injunctions for violations.
- Authorizes a city or county to require, as a condition of entering into a SUE, that the photovoltaic solar facility enter into a community benefits agreement with one or more local communities, as specified.
- Narrows the circumstances under which a city or county may choose not to renew an annually self-renewing SUE to those in which the landowner has materially failed to comply with the terms and conditions of the SUE, the solar photovoltaic or appurtenant facilities have been operated in a manner that constitutes a continuing or repeated legal nuisance, or the photovoltaic solar facility's operating life has ended.
- Repeals provisions of law governing termination or rescission of a SUE, including termination and rescission fees.
- Requires the provisions of any WA contract affecting a parcel or parcels of land eligible and placed into a SUE to be inoperative for the SUE term, even if a notice of nonrenewal was served, as specified. Clarifies this process is in addition to other existing mechanisms under the WA, as specified.
- Exempts the entry into and recordation of a SUE from CEQA review.
- Provides numerous technical, clarifying and conforming changes.
COMMENTS
- Clean Energy Goals. Existing state law requires the state to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state's goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045. Experts indicate these goals will require a significant buildout of clean energy infrastructure.
- Williamson Act. The WA is an agricultural land conservation program. Administered by the Department of Conservation, the WA allows a private property owner to sign a voluntary contract with their local government that restrict the land subject to the contract to agriculture, open space and compatible uses for the next 10 years. In return, the county assessor values the contracted land as agricultural use, instead of its fair market value. The contract renews automatically each year, so the contract is always for a 10-year period. The landowner may cancel the WA contract at any time, provided local officials make findings the cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. Such a landowner must pay a cancellation fee that is equal to 12.5% of the "cancellation valuation" of the property. In 1998, the Legislature created the option of instead establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract.
Rescission occurs when a county cancels a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
- Solar Use Easements. SB 618 (Wolk), Chapter 596, Statutes of 2011 (SB 618), authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state's renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on marginally productive or physically impaired land and enter into a SUE that restricts the use of land to photovoltaic solar facilities. Such a rescission requires a payment of a rescission fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund.
The Department of Conservation, in consultation with the Department of Food and Agriculture (CDFA) must review and approve all solar-use easements. Under SB 618, to be eligible, a parcel must not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
- Sustainable Groundwater Management Act (SGMA). SGMA requires local agencies to form GSAs for high- and medium-priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. The requirements of SGMA have strained the viability of large sections of agricultural land. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability.
- SB 618 - Limited Use. SB 618 recognized the opportunity for solar development on constrained agricultural land, authorized local governments and landowners to transition existing WA and FSZ contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived in 2022. According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law was reauthorized.
According to the Author
According to the author, "AB 1156 updates California's Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
"To achieve California's goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
"Parallel to California's clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
"In addition to the state's energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
"In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
"AB 1156 responsibly updates California's Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity."
Arguments in Support
The Large-scale Solar Association, sponsor of this measure, writes, "The new reality is that the need to conserve vital water resources will unavoidably place many agricultural landowners at risk of losing the ability to farm their land, with no viable economic alternative. This nexus between clean energy goals, water sustainability, and land scarcity presents a rare opportunity to craft a policy that achieves multiple statewide goals. This effort will require strategic planning, creativity, and compromise. AB 1156 bill strikes this balance and will help fulfill the promise of a carbon free future with well-paying jobs, and mitigation of the worst impacts of climate change on our communities and economy..."
Arguments in Opposition
The California Farm Bureau, with an 'oppose unless amended' position on a previous version of the bill, requests the following amendments to remove their opposition: maintain the solar use easement cancellation fee and mitigation requirements in statute today; remove the ability to cancel agricultural conservation easements; strike the terms "commercially viable" and "appurtenant" renewable energy facilities; reinstate the ability for a person or entities to enforce a city or county's obligation to seek an injunction for violation of an easement; maintain CEQA requirements and include battery energy storage systems (BESS) guidance; provide Department of Conservation with reasonable time to determine project suitability; and, maintain a community benefit for the future of farming.
FISCAL COMMENTS
- The Department of Conservation indicates costs to the department are unknown, but potentially in the low hundreds of thousands of dollars annually. These costs will depend on the increase in the number of applications received. For example, if the department receives 10 additional applications for SUEs and there is ongoing landowner interest, costs to the department would be $172,000 in year one and $158,000 ongoing for one staff position for technical assistance to landowners, and $100,000 annually to contract out for reviews (Soil Conservation Fund). This estimate assumes 98 hours of staff time per SUE application.
The department has existing authority to charge fees to recover the costs of this workload but would need to undertake rulemaking to update the current fees adopted in regulations to address the new process and the 120-day timeline. The department indicates it would most likely contract out for the reviews, at least initially, to meet the timeline, since the department would not know how many submittals it might receive or the staffing levels it would need to timely process them.
- Possible reduction in state revenues of an unknown amount, both to the General Fund and the Soil Conservation Fund, by deferring and potentially preventing eventual collection of contract cancellation fees and by repealing existing provisions for rescission fees applicable when contracted land enters into an SUE. These amounts are unknown.
VOTES
ASM LOCAL GOVERNMENT: 9-0-1
YES: Carrillo, Ta, Hoover, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward
ABS, ABST OR NV: Wilson
ASM UTILITIES AND ENERGY: 16-0-2
YES: Petrie-Norris, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Hart, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Patterson, Irwin
ASM AGRICULTURE: 6-1-1
YES: Soria, Alanis, Connolly, Hadwick, Irwin, Ransom
NO: Jeff Gonzalez
ABS, ABST OR NV: Aguiar-Curry
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Tangipa
ABS, ABST OR NV: Sanchez, Dixon, Ta
UPDATED
VERSION: May 5, 2025
CONSULTANT: Julia Mouat / L. GOV. / (916) 319-3958, Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000918
Date of Hearing: May 21, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1156
Author:(Wicks) – As Amended Ver:May 5, 2025
Policy Committee: | Local Government | Vote: | 9 - 0 |
Utilities and Energy | 16 - 0 | ||
Agriculture | 6 - 1 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill makes a number of changes to law governing the conversion of a Williamson Act (WA) contract into a solar-use easement (SUE).
Specifically, this bill:
- Changes the definition of a SUE to expand the permissible land uses of SUEs to include solar energy storage and appurtenant renewable or clean energy facilities, remove language allowing a SUE to exist in perpetuity, and clarify that agricultural land conservation contracts on SUE land are suspended (not terminated) during the easement term.
- Alters the Department of Conservation’s process for determining if a parcel under a WA contract is eligible for rescission and simultaneous placement into a SUE, as follows:
- Requires the department to consult with any applicable groundwater sustainability agency (GSA) or services.
- Makes this process contingent on a request from a landowner, instead of a county or city.
- Changes this process from a rescission of a WA contract to a suspension of the WA contract.
- Expands the eligibility criteria to include land lacking insufficient surface water or groundwater available, or insufficient surface water and groundwater available to support commercially viable irrigated agricultural use.
- Removes the prohibition on parcels being located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless the department makes a determination that circumstances exist that limit the use of the parcel for agricultural activities, as specified.
- Requires the land be historically irrigated cropland with less than 10% slope and be free of conservation easements or non-agricultural conservation programs.
- Requires a city or county to require the landowner to provide specified information to the department and makes changes to that information, as specified.
- Modifies an existing exemption from the California Environmental Quality Act (CEQA) to instead, exempt all department determinations of eligibility from CEQA. Requires this exemption not be interpreted to exempt photovoltaic solar facilities from CEQA.
- Requires the department to issue its determination within 120 days following submission of a completed application package or else the application is deemed approved.
- Changes SUE deed requirements and decommissioning rules by (a) adding appurtenant facilities to allowable uses, (b) eliminating public dedication language, mitigation measures beyond SUE land, and performance bond or security requirements for land restoration, (c) clarifying that decommissioning requirements may not be in addition to existing state and local laws, and (d) allowing salvage value to be considered in decommissioning cost estimates.
- Modifies SUE enforcement and land use provisions by (a) prohibiting cities and counties from approving any land use inconsistent with the SUE, (b) allowing only counties or cities to seek injunctions for violations, and (c) eliminating the private right of action if local governments fail to enforce these provisions.
- Requires termination of a SUE be by mutual consent, removes the authority of a city or counties to non-renew a SUE, and ends the contract nonrenewal process.
- Requires WA contracts be suspended (not canceled) during the SUE term, even if a notice of nonrenewal was served. Once a SUE ends, the WA contract is fully reinstated. Clarifies this suspension process is in addition to other existing mechanisms under the WA.
- Exempts the entry into and recordation of a SUE from CEQA review.
FISCAL EFFECT:
- The Department of Conservation indicates costs to the department are unknown, but potentially in the low hundreds of thousands of dollars annually. These costs will depend on the increase in the number of applications received. For example, if the department receives 10 additional applications for SUEs and there is ongoing landowner interest, costs to the department would be $172,000 in year one and $158,000 ongoing for one staff position for technical assistance to landowners, and $100,000 annually to contract out for reviews (Soil Conservation Fund). This estimate assumes 98 hours of staff time per SUE application.
The department has existing authority to charge fees to recover the costs of this workload but would need to undertake rulemaking to update the current fees adopted in regulations to address the new process and the 120-day timeline. The department indicates it would most likely contract out for the reviews, at least initially, to meet the timeline, since the department would not know how many submittals it might receive or the staffing levels it would need to timely process them.
- Possible reduction in state revenues of an unknown amount, both to the General Fund and the Soil Conservation Fund, by deferring and potentially preventing eventual collection of contract cancellation fees and by repealing existing provisions for rescission fees applicable when contracted land enters into an SUE. These amounts are unknown.
COMMENTS:
- Purpose. This bill is sponsored by the Large-scale Solar Association. According to the author:
[This bill] updates California’s Solar-Use Easement statute to permit lands with significant water constraints to transition from a Williamson Act contract to a Solar-Use Easement to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
- Background. Clean Energy Goals. Existing state law requires the state to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state’s goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045. Experts indicate these goals will require a significant buildout of clean energy infrastructure.
Williamson Act. The WA is an agricultural land conservation program. Administered by the Department of Conservation, the WA allows a private property owner to sign a voluntary contract with their local government that restrict the land subject to the contract to agriculture, open space and compatible uses for the next 10 years. In return, the county assessor values the contracted land as agricultural use, instead of its fair market value. The contract renews automatically each year, so the contract is always for a 10-year period. The landowner may cancel the WA contract at any time, provided local officials make findings the cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. Such a landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property. In 1998, the Legislature created the option of instead establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract.
Rescission occurs when a county cancels a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value.
Solar Use Easements. SB 618 (Wolk), Chapter 596, Statutes of 2011 (SB 618), authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state’s renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on marginally productive or physically impaired land and enter into a SUE that restricts the use of land to photovoltaic solar facilities. Such a rescission requires a payment of a rescission fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund.
The Department of Conservation, in consultation with the Department of Food and Agriculture (CDFA) must review and approve all solar-use easements. Under SB 618, to be eligible, a parcel must not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
Sustainable Groundwater Management Act (SGMA). The SGMA requires local agencies to form GSAs for high- and medium-priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. The requirements of SGMA have strained the viability of large sections of agricultural land. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability.
SB 618 - Limited Use. SB 618 recognized the opportunity for solar development on constrained agricultural land, authorized local governments and landowners to transition existing WA and FSZ contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived in 2022. According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law was reauthorized.
According to the author, updating the SUE law to consider water constrained farmland provides a unique opportunity to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.
- Support and Opposition. Supporters of the bill, primarily clean energy representatives, contend that one of the primary challenges to achieving the state’s clean energy goals is land availability. They cite the California Energy Commission’s 2023 land use report, which highlights that the lowest-impact approach to clean energy transition is found in repurposing agricultural lands losing water access.
Opponents of the bill, primarily agriculture and rural area representatives, assert this bill undermines land preservation by allowing cancellation of conservation easements for agricultural lands and erodes the state’s goals around “30x30,” the Strategic Agricultural Lands Conservation Program, the Multibenefit Land Repurposing Program, and the California Farmland Conservation Program.
Discussions with stakeholders and interested parties are ongoing.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 30, 2025
ASSEMBLY COMMITTEE ON AGRICULTURE
Esmeralda Soria, Chair
ABPCA Bill Id:AB 1156
Author:(Wicks) – As Amended Ver:March 20, 2025
AS PROPOSED TO BE AMENDED
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
SUMMARY: Makes a number of changes to law governing the conversion of a Williamson Act (WA) contract into a solar-use easement (SUE). Specifically, this bill:
- Changes the definition of a SUE to:
- Expand the land-use restriction in SUE’s to include the storage of solar energy and appurtenant renewable or clean energy facilities.
- Remove language allowing a SUE to exist in perpetuity.
- Specify that, during the term of a SUE, any agricultural land conservation contract, including WA, binding all or a portion of the land under the SUE and meeting the criteria specified in this bill and existing law for a SUE would be suspended, as specified.
- Alters the process by which the Department of Conservation (DOC) determines if a parcel that is under a WA contract is eligible for rescission and simultaneous placement into a SUE, as follows:
- Requires DOC to consult with any applicable groundwater sustainability agency (GSA) or services.
- Makes this process contingent on a request from a landowner, instead of a county or city.
- Changes this process from a rescission of a WA contract to a suspension of the WA contract.
- Adds to the list of criteria under which this process may occur to include land where there are or will be insufficient surface water or groundwater available, or insufficient surface water and groundwater available to support commercially viable irrigated agricultural use.
- Removes a provision that prohibits a parcel or parcels from being located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless DOC makes a determination that circumstances exist that limit the use of the parcel for agricultural activities, as specified.
- Requires the land to meet both of the additional following criteria:
- The parcel or parcels have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
- The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
- Specifies that, in order to assist DOC in making the determination of eligibility, as specified, city or county must require the landowner to provide specified information to DOC and makes the following changes to that information:
- Changes references to “agricultural practices” to “commercially viable agricultural practices” and “agricultural productivity” to “commercial agricultural activity.”
- Changes an existing requirement to provide an analysis of water availability demonstrating the insufficiency of water supplies for continued agricultural production to specify “commercially viable” agricultural production, and to include insufficiency based on planned consolidation of water resources on more productive parcels.
- Alters an existing exemption from the California Environmental Quality Act (CEQA) for this determination of eligibility by DOC by removing language limiting this exemption to a determination related to a project described in specified CEQA law that outlines projects that are exempt from CEQA, and instead exempts all DOC determinations of eligibility from CEQA.
- Requires that the above CEQA exemption not to be interpreted to exempt photovoltaic solar facilities from CEQA.
- Requires DOC to issue its determination within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
- Allows a city or county to enter into a SUE upon request of a landowner and a determination of eligibility by DOC, as specified.
- Removes language providing that the execution and acceptance of a deed or other instrument granting a SUE shall constitute a dedication to the public of the use of lands for solar photovoltaic use.
- Changes provisions of law that allow a county or city to require a deed or other instrument granting a SUE to contain any restrictions, conditions, or covenants necessary or desirable to restrict the use of the land to photovoltaic solar facilities as follows:
- Adds “appurtenant” facilities to the allowable use of the land.
- Removes language allowing the restrictions, conditions, or covenants to include mitigation measures on the land and beyond the land that is subject to the SUE.
- Qualifies existing decommissioning requirements by stating that any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility, and that salvage value shall not be precluded from the calculation of the cost of decommissioning.
- Provides for termination of the easement if the governmental authorization allowing the facilities to be constructed expires without being exercised and the project is not built.
- Provides for necessary amendments by the parties, including but not limited to amendments to adjust the boundaries of the easement if the facilities constructed are less extensive than originally anticipated, provided that the amendments are consistent with the provisions of this chapter.
- Removes language requiring the restrictions, conditions, or covenants in a deed or other instrument granting a SUE to include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the SUE to the conditions that existed before the approval or acceptance of the SUE by the time the SUE is extinguished.
- Specifies that a city or county shall not approve any land use on land covered by a SUE that is inconsistent with the SUE, and no building permit or construction notice to proceed may be issued for any structure that would violate the SUE. Existing law requires the county or city to seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the SUE and seek a mandatory injunction requiring the removal of any structure erected in violation of the SUE. This bill does not extend this requirement to a city or county.
- Removes language that allows a person or entity to seek an injunction if the county or city fails to seek an injunction, above, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the SUE, and language allowing a court to award to a plaintiff who prevails in such an action his or her cost of litigation, including reasonable attorney’s fees.
- Defines the following:
- Community benefits agreement means an agreement that provides specific benefits to the local community, including, but not limited to, all of the following:
- Job creation and training programs for local residents.
- Use of local businesses and vendors.
- Financial contributions to community development projects and programs.
- Local community means the city or county in which the photovoltaic solar facility is located, including any other local governmental agencies or community-based organizations located within that city or county
- Community benefits agreement means an agreement that provides specific benefits to the local community, including, but not limited to, all of the following:
- Allows a city or county to require, as a condition to entering into a solar-use easement, that the photovoltaic solar facility enter into a community benefits agreement with one or more local communities.
- Requires termination of a SUE to be by mutual consent.
- Allows a county or city, at the end of the photovoltaic solar facility’s operating life, serve notice of nonrenewal upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed, as specified.
- Removes the authority of a county or city to not renew a SUE.
- Removes language that requires an existing SUE to remain in effect for the balance of the period remaining since the original execution or the last renewal of the SUE, if the county, city, or the landowner serves notice of intent in any year not to renew the SUE.
- Specifies that, when a SUE is extinguished, the suspension of the WA contract shall terminate and once again be in full force and effect.
- Repeals provisions of law that allow for, and govern, the termination of a SUE.
- Repeals provisions of law that allow for, and govern, the rescission of a WA contract for simultaneous placement of the land into a SUE.
- Requires any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by DOC to be eligible to be placed in a SUE and for which a SUE has been entered into by a city or county to be suspended for the term of the SUE. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal. Provides that nothing in this provision limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to the WA. Provides that this provision is provided in addition to, not in replacement of, other methods for contract suspension, termination, WA compliance, or a county or city finding that a solar facility is a compatible use pursuant to the WA.
- Provides that CEQA does not apply to the entry into or recordation of a SUE pursuant to the provisions of this bill and existing law governing the conversion of a WA contract into a SUE.
EXISTING LAW:
- Creates the California Land Conservation Act of 1965, also known as the Williamson Act, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes. The Division of Land Resource Protection in DOC administers the Act. (Government Code (GOV) 51200, et seq.)
- Creates Farmland Security Zones and authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes. The lowered assessed value, under Farmland Security Zones, is greater than under the Williamson Act. (GOV 51296-51297.4)
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years. (GOV 51245)
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. (GOV 51282)
- Local officials cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value. This action is called rescission. (GOV 51256)
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. (GOV 51191-51192.2)
- Defines a solar-use easement as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the DOC. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production. (GOV 51190)
- Requires that applicants for an agricultural conservation easement or fee acquisition grant meet all of the following eligibility criteria: (Public Resources Code 10251)
- The parcel proposed for conservation is expected to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production.
- The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation. This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the acquisition is proposed.
- Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.
- Establishes the Sustainable Groundwater Management Act (SGMA) as a statewide framework to protect groundwater resources by requiring local agencies to form groundwater sustainability agencies (GSAs) for the designated high and medium priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. (Water Code 10720-10738)
- Requires retail sellers and publicly owned utilities to increase purchases of renewable energy such that at least 60% of retail sales are procured from eligible renewable energy resources by December 31, 2030. This is known as the Renewable Portfolio Standard (RPS). (Public Utilities Code (PUC) 399.11 et seq.)
- Establishes the policy that all of the state's retail electricity be supplied with a mix of RPS-eligible and zero-carbon resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, for a total of 100% clean energy. Requires the California Public Utilities Commission (CPUC), in consultation with the California Energy Commission (CEC), California Air Resources Board (CARB), and all California balancing authorities, to issue a joint report to the Legislature by January 1, 2021, reviewing and evaluating the 100% clean energy policy. (PUC 454.53)
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
California’s Clean Energy Goals. AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022, codified into law the state’s goals to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state’s goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045, as established by Governor Newsom’s Executive Order N-79-20 and SB 100 (De León), Chapter 312, Statutes of 2018, respectively. Achieving these goals will require a significant buildout of clean energy infrastructure.
In a study from October 2022, the Public Policy Institute of California (PPIC) examined specific land-use issues around solar energy development in the San Joaquin Valley for SGMA-impacted land removed from agricultural production. The PPIC report concluded that utility-scale solar development, already an attractive option for landowners owning property with or without water rights, could offer an opportunity to keep lands that exit irrigated production economically productive. The PPIC report noted integration between energy system planning and local land use decisions was needed. It also identified the WA as a barrier to solar development, given the complexities involved with the current cancellation process.
Williamson Act Background. WA is a program administered by the DOC to conserve agricultural and open space land. WA allows private property owners to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years. WA contracts automatically renew each year, so that the term is always 10 years in the future. In return for these voluntary contracts, county assessors lower the value of WA contracted lands to reflect the value of their use as agriculture, or open space instead of their market value under Proposition 13. In 1998, the Legislature created an option of establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract. The Revenue and Taxation Code sets out valuation procedures for land under WA and FSZ contracts, as well as for other lands whose use is enforceably restricted in various ways, including scenic restrictions, open space easements, restrictions for timber cultivation, and wildlife habitat contracts.
A landowner who wants to develop land restricted by a WA contract has three options: nonrenewal, cancellation, and rescission. The normal way to end a WA contract is for either the landowner or local officials to give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years (20 years for Farmland Security Zones).
Alternatively, local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the cancellation valuation of the property (25% in the case of FSZs). Typically, the county assessor determines the cancellation valuation, which is set at the property's unrestricted market value. However, a landowner and DOC can separately agree on a cancellation valuation for the land, which takes the place of the value identified by the county assessor. Local officials may approve or deny a cancellation once the cancellation value is determined.
Rescission occurs when the county supervisors cancel a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value. In addition, state law allows a property owner and a city or county to mutually agree to rescind the WA or FSZ contract on marginally productive or physically impaired land to enter a solar-use easement contract, SB 618 (Wolk), Chapter 596, Statutes of 2011 (SB 618). Such a rescission requires a payment of a rescission fee of 10% of the fair market value of the land, half of which goes to the county and half of which goes to the state General Fund. The DOC, in consultation with the Department of Food and Agriculture (CDFA), must review and approve all solar-use easements.
Historically, the state made subvention payments to counties in order to make up for a portion of the resulting losses in local property tax revenue from WA and FSZ contracts, and other enforceable open space restriction programs. Specifically, state law requires the Secretary of Natural Resources to direct the Controller to pay counties, out of continuously appropriated funds, at the following annual rates for enforceably restricted land:
- Five dollars per acre for prime agricultural land that is subject to open space easement, WA or FSZ contract, or timber production easement.
- One dollar per acre for other land devoted to open-space uses of statewide significance.
- Eight dollars per acre for land under a FSZ contract and is within three miles of the boundaries of the sphere of influence of an incorporated city.
In total, about 15.4 million acres of land in 52 counties are protected under these types of enforceable restrictions, mostly under WA contracts. Subvention payments totaled about $35 million to $40 million each year from 1994 to 2008. However, the state stopped making subvention payments in Fiscal Year 2009-10 in response to budgetary pressures. In the intervening years, only one county, Imperial, has exited the WA program.
Solar Use Easements. SB 618 authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state’s renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under the provisions of SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on lands of limited agricultural value and enter into a SUE that restricts the use of land to photovoltaic solar facilities.
DOC, in consultation with the CDFA, determines if a parcel is eligible for rescission and placement into a SUE, based on specified criteria. Under SB 618, a parcel is eligible for this process if it is not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
The SB 618 process requires the landowner to pay a rescission fee, which is 6.25% of the fair market value of the land if it was under a WA contract and 12.5% if it was in a FSZ. These rescission fees are half that of WA contract cancellation fees.
Sustainable Groundwater Management Act (SGMA). Groundwater is water found beneath the land surface in pores and fractures in materials such as rock, gravel, or sand. Underground areas where groundwater flows naturally out of rock materials or where groundwater can be removed by pumping are referred to as aquifers. According to the Department of Water Resources (DWR), groundwater provides nearly 40% of California’s water supply in an average year and 60% in drought years. For much of California’s history, there was no statewide mandate for the management of groundwater. This led to significant over-pumping (or “overdraft”) of groundwater in many regions of the state that resulted in land subsidence (or sinking) that compromised infrastructure, dewatered rivers and streams, led to seawater intrusion in coastal areas, and dried out domestic and agricultural groundwater wells, among other adverse impacts.
Agricultural Lands and SGMA. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability. In a 2023 policy brief entitled “The Future of Agriculture in the San Joaquin Valley,” the PPIC estimated that by 2040, the combined impacts of SGMA, climate change, and environmental regulations could cause a 20 percent reduction in water availability for valley agriculture, or around 3.2 million acre feet. Water constraints will lead to a reduction in irrigated lands, and in overdrafted basins, areas with less access to surface supplies will face a much higher risk of fallowing. In the worst-case scenario, without developing new supplies or engaging in water trading activities, the transition to sustainability under climate change and increased environmental flows will require the fallowing of nearly 900,000 acres with respect to current conditions. In some areas, more than 50 percent of lands may need to be fallowed.
According to the author, this bill updates California’s SUE statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a WA contract at the conclusion of the term of an easement. This bill responsibly updates California’s Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.
Supporters state Senate Bill 100 (Chapter 312, Statutes of 2018) and Senate Bill 1020 (Chapter 361, Statutes of 2022) established and reaffirmed California’s landmark clean energy policy, requiring that renewable and zero-carbon energy resources supply 100% of the state's electric retail sales by 2045. To meet this goal, California must add at least 127 GW of new zero-emitting resources to the grid by 2045, more than 48% of which is solar. Constructing this scale of clean energy infrastructure within such a short timeframe requires leveraging every available tool to advance projects efficiently.
One of the primary challenges to achieving this goal is land availability. Projects must be located relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive habitat areas, factors that, in addition to federal lands rules, exclude the majority of California’s desert landscape. The California Energy Commission’s 2023 land use screens report highlights that the lowest-impact approach to our clean energy transition is found in repurposing agricultural lands losing water access for at least some of the state’s needed solar energy. This will not only minimize biodiversity impacts but also supports the economic stability of these communities.
This bill aims to update the SUE law, which was originally designed in 2011 to facilitate solar projects on WA contracted lands. Few clean energy projects have been developed under this law due to several reasons, including onerous requirements on local governments to develop costly ordinances and restrictions related to soil degradation as opposed to other impairments, such as water constraints. SGMA related requirements have real-world impacts on WA contracted lands and on local farming communities, and taking limitations to water supply into consideration with a SUE is key when determining land eligibility.
This bill proposes to update the SUE law by allowing lands with water constraints to be eligible for an easement and modernizes the eligibility criteria and easement terms. This update helps to align state policy goals and provides farmers with new economic opportunities for their land while advancing the state’s clean energy and water sustainability goals.
Opponents state this bill guts the payment of a WA contract cancellation fee and instead expands its reach of undermining land preservation by allowing conservation easements for agricultural lands to be cancelled. Including agricultural lands that are protected in easements to the lands that would be subject to this bill attacks not just the integrity of the WA but erodes the state’s goals around 30x30, the Strategic Agricultural Lands Conservation Program, the Multibenefit Land Repurposing Program, and the California Farmland Conservation Program. This bill asks the state to ignore the role that agricultural lands play in reaching greenhouse gas emissions reductions – recognized by the CARB in its in December 2024 Scoping Plan – and to convert those lands into industrial uses, which will increase up to 7 times the amount of GHG emissions from those lands.
The bill would allow solar developers to cherry pick for industrial development prime agricultural lands and lands that have been identified by USDA, NRCS, and acknowledged by the state through its Farmland Mapping and Monitoring Program as Lands of Statewide Importance. These lands have been designated as the greatest food producing soils on the planet. This is why the current SUE requires strict scientific guardrails before converting any WA lands to solar but specifically prohibits that from occurring on lands denoted as prime or as Lands of Statewide Importance.
This bill creates a risk that the state will undermine its ability to meet climate objectives by converting carbon capturing agricultural lands at scale with GHG emitting industrial projects for short term gains in meeting electrification targets, And it may cause unintended consequences related to food and therefore national security at a time when access to fair trade is uncertain at best. This bill creates a slippery slope to highly undesirable outcomes.
Policy Considerations. The Committee may wish to consider the following:
- AB 2528 (Arambula) of 2024 (AB 2528) was amended to decrease cancellation fees, rather than eliminate them altogether. The bill proposed to set fees at 6.25% of the fair market value of the property, effectively halving the fee that would otherwise apply pursuant to the WA. The Committee may wish to consider if a similar arrangement should be incorporated into this bill.
- The Assembly Select Committee on Permitting Reform reported this year that stakeholders in the solar industry identified the southern San Joaquin Valley as especially promising for converting WA contracts to solar use, because of its ample sun and proximity to transmission corridors. AB 2528 was eventually narrowed to apply only to the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The Committee may wish to consider if a similar compromise should be struck with this bill.
- AB 1156 makes all types of Ag land available for a SUE. This could undermine long-term conservation goals, specifically on prime agriculture land. “Prime Ag land” is defined as farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. The current SUE law excludes prime farmland from solar easements. The Committee may wish to consider if there should be any limits on removing prime farmland from production for an SUE.
REGISTERED SUPPORT / OPPOSITION:
Support
Aes Corporation
Almond Alliance
American Clean Power Association
American Clean Power- California
Arevon
California State Association of Electrical Workers
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
David Britz
Edp Renewables North America LLC
Edpr Na, LLC
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy, LLC
Large-scale Solar Association
Leeward Renewable Energy
Lisa Seasholtz Elgorriaga
Longroad Energy Management, LLC
Mattera Farming Company
New Leaf Energy
Renton &ferry Farms
Rwe
Singh Farms
Solar Energy Industries Association
Terra-gen Development Company, LLC
Support If Amended
Western Growers Association
Opposition
American Farmland Trust
California Farm Bureau Federation
County of Kern
Rural County Representatives of California (RCRC)
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Date of Hearing: April 23, 2025
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Cottie Petrie-Norris, Chair
ABPCA Bill Id:AB 1156 (
Author:Wicks) – As Amended Ver:March 20, 2025
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination
SUMMARY: Proposes several changes to the laws regulating the conversion of Williamson Act (WA) contracts into solar-use easements (SUEs). Specifically, this bill:
- Expands the definition and scope of SUEs:
- Includes the California Energy Commission (CEC) as an eligible entity to hold SUEs.
- Expands permissible land uses to include solar energy storage and appurtenant clean energy facilities.
- Eliminates the option for SUEs to be perpetual.
- Clarifies that agricultural land conservation contracts on SUE land are suspended (not terminated) during the easement term.
- Revises the eligibility and application process of SUEs:
- The Department of Conservation (DOC) must consult with applicable Groundwater Sustainability Agencies (GSAs).
- Eligibility determinations are triggered by landowner requests, not cities or counties.
- Transitions from recission to suspension of WA contracts.
- Expands the eligibility criteria to include land lacking sufficient surface/groundwater for commercially viable agriculture.
- Removes ban on converting prime/important farmland unless DOC finds it unsuitable for farming.
- Requires eligible land to be historically irrigated cropland with less than 10% slope and be free of conservation easements or non-agricultural conservation programs.
- Landowners must provide updated terms and data on commercially viable agricultural activity, including a water availability analysis which must show inadequacy for commercially viable production.
- The DOC must issue a decision within 120 days or the application is deemed approved.
- All DOC eligibility determinations are exempted from California Environmental Quality Act (CEQA).
- Changes SUE deed requirements and decommissioning rules:
- The CEC may impose restrictions, conditions, and covenants.
- Adds appurtenant facilities to allowable uses.
- Eliminates public dedication language, mitigation measures beyond SUE land, and performance bond or security requirement for land restoration.
- Clarifies no additional decommissioning requirements beyond existing state/local laws.
- Allows salvage value to be considered in decommissioning cost estimates.
- Modifies enforcement and land use provisions:
- Cities, counties, and the CEC are prohibited from approving any land use inconsistent with the SUE.
- Only counties or cities – not the CEC – must seek injunctions for violations.
- Eliminates private right of action if local governments fail to enforce, and court-awarded litigation costs and attorney’s fees for prevailing plaintiffs.
- Changes the termination and renewal process of SUEs to include SUEs may only be terminated by mutual consent; removes the authority for cities/counties to opt out of renewing a SUE; and ends contract nonrenewal process, SUEs remain in effect until mutual termination.
- WA contracts suspended (not canceled) during the SUE term, even if a notice of nonrenewal was served. Once a SUE ends, the WA contract is fully reinstated. Clarifies this suspension process is in addition to other existing mechanisms under the WA.
- Exempts both DOC’s eligibility determinations, and the entry into and recordation of a SUE from CEQA review.
EXISTING LAW:
- Creates the Williamson Act (WA), also known as the California Land Conservation Act of 1965, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes. (Government Code §§ 51200, et seq.)
- Creates Farmland Security Zones which authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes. The lowered assessed value, under Farmland Security Zones, is greater than under the WA. (Government Code §§ 51296-51297.4)
- Provides three options for ending a WA contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years. (Government Code § 51245)
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. The owner must pay a cancellation fee based on the “cancellation value” of the land. (Government Code § 51282)
- Local officials cancel a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value. This action is called rescission. (Government Code § 51256)
- Authorizes a city or county and a landowner to simultaneously rescind a WA contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. (Government Code §§ 51191-51192.2)
- Defines a “solar-use easement” as a legal agreement, held by a city or county, which restricts land use to solar photovoltaic energy generation and related incidental uses, such as open space or agriculture. The easement may be permanent, fixed-term, or self-renewing, and applies only to parcels deemed eligible by the Department of Conservation. It prohibits any commercial, industrial, or residential uses and requires a recorded covenant that limits future development to uses consistent with solar energy production. (Government Code § 51190)
- Establishes the Sustainable Groundwater Management Act (SGMA), as a statewide framework to protect groundwater resources by requiring local agencies to form groundwater sustainability agencies (GSAs) for the designated high and medium priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. (Water Code §§ 10720-10738)
- Requires retail sellers and publicly owned utilities to increase purchases of renewable energy such that at least 60% of retail sales are procured from eligible renewable energy resources by December 31, 2030. This is known as the Renewables Portfolio Standard (RPS). (Public Utilities Code § 399.11 et seq.)
- Establishes the policy that all of the state's retail electricity be supplied with a mix of RPS-eligible and zero-carbon resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, for a total of 100% clean energy. (Public Utilities Code § 454.53)
- Defines energy storage systems as systems that use mechanical, chemical, or thermal processes to store energy that was generated at one time for use at a later time, or that stores thermal energy for direct use for heating or cooling later. (Public Utilities Code § 2835)
FISCAL EFFECT: Unknown. This bill is keyed fiscal, and will be referred to the Assembly Committee on Appropriations for its review.
CONSUMER COST IMPACTS: Unknown.
BACKGROUND:
A Place in the Sun – AB 1279 (Muratsuchi, Chapter 337, Statutes of 2022) codified into law the state’s goals to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state’s goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045, as established by Governor Newsom’s Executive Order N-79-20 and SB 100 (De León, Chapter 312, Statutes of 2018), respectively. Actualizing these goals will require a significant buildout of clean energy infrastructure. In February 2024, the CPUC adopted its preferred portfolio of generation resources needed to meet our decarbonization goals in 2035.[1] The decision adopted over 56 gigawatts (GW) of new resources.[2] For context, in 2018 California’s total electric system generation capacity was ~80 GW.[3]
On a longer horizon, the Joint Agency SB 100 Report looks at planning 20+ years out to determine how best to implement the 100% clean electricity by 2045 policy.[4] The first SB 100 report was finalized in March 2021, and included analyses of many pathways to achieve the state’s 2045 clean energy goal.[5] While showing that achievement of our 100% clean electricity policy is technically achievable, many barriers and expenses must be overcome. For example, to meet our goals, the SB 100 report showed California will need to roughly triple its current electricity power capacity by 2045. This equates to roughly 6 GW of new solar, wind, and battery storage resources are needed to be built annually for the next two decades; an unprecedented acceleration and scale.[6]
The SB 100 Report will be updated every four years, with future work focused on critical topics, such as land use. [7] This focus recognizes the growing concern that given the unprecedented scale of new resources needing to come online in the next decades to meet our clean energy goals, more conflicts are likely to arise over available land. As part of this effort, the CEC and CPUC have been working on geospatial land-use screens to inform estimates of technical renewable resource potential.[8]
Academic research has also explored land-use issues around renewable development. The Nature Conservancy (TNC) issued their study, The Power of Place, in 2019, focused on California with subsequent updates broadened regionally and nationally.[9] The TNC study found that “California can decarbonize the electricity sector, but the balance between wind, solar PV, and storage capacity and resultant costs are sensitive to land protections and whether California has access to west-wide renewable energy. Land protections are highly effective in avoiding environmental impacts while achieving GHG targets, but can increase costs, primarily by reducing wind availability.”[10] The study recommended better modeling to incorporate conservation data and siting constraints into clean energy planning.
In a more recent study from October 2022, the Public Policy Institute of California (PPIC) examined specific land-use issues around solar energy development in the San Joaquin Valley for SGMA-impacted land removed from agricultural production.[11] The PPIC report concluded that “utility-scale solar development – already an attractive option for landowners owning property with or without water rights – could offer an opportunity to keep lands that exit irrigated production economically productive.” Similar to Power of Place, the PPIC report noted integration between energy system planning and local land use decisions was needed. It also identified the WA as a barrier to solar development, given the complexities involved with the current cancellation process.
Williamson Act – The California Land Conservation Act of 1965, also known as the Williamson Act (WA), is a program administered by DOC to conserve agricultural and open space land. WA allows private property owners within “an agricultural preserve” to sign voluntary contracts with counties and cities that restrict their land to agriculture, open space, and compatible uses for the next 10 years. WA contracts automatically renew each year, so that the term is always 10 years in the future.
In return for these voluntary contracts, county assessors lower the value of WA contracted lands to reflect the value of their use as agriculture or open space, , instead of the allowable assessment value pursuant to Proposition 13. In 1998, the Legislature created an option of establishing a Farmland Security Zone (FSZ), which offers landowners a greater property tax reduction for a minimum 20-year contract.[12] The Revenue and Taxation Code sets out valuation procedures for land under WA and FSZ contracts, as well as for other lands where the use is enforceably restricted in various ways, including scenic restrictions, open space easements, restrictions for timber cultivation, and wildlife habitat contracts.
As of 2022, about 15.1 million acres of land across 52 counties were under WA contracts. According to DOC, participation in the program has been steady, hovering at about 16 million acres enrolled under contract statewide since the early 1980s. This number represents about one third of all privately held land in California, and about one half of the state’s agricultural land. DOC estimates that individual landowners have saved anywhere from 20% to 75% in reduced property taxes each year, depending upon their circumstances. The DOC’s WA Status Report of 2020-2021, its latest report, noted, “Concerns and questions continue to arise regarding cannabis, solar fields, use compatibility, breach of contract, and most recently, the Sustainable Groundwater Management Act (SGMA)… Most of these types of questions are best addressed at the local level.”
Breaking the WA – A landowner who wants to develop land restricted by a WA contract has three options: nonrenewal, cancellation, or rescission. The normal way to end a WA contract is for either the landowner or local officials to give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years.
Alternatively, local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property, or 25% in the case of a farmland security contract. The board or city council first issues a notice of tentative cancellation, which becomes final after the landowner meets any conditions or contingencies of the cancellation and any fees are paid.
Typically, the county assessor determines the cancellation valuation, which is set at the property's unrestricted market value. However, a landowner and DOC can separately agree on a cancellation valuation for the land, which takes the place of the value identified by the county assessor. Local officials may approve or deny a cancellation once the cancellation value is determined. Revenues from this cancellation fee are remitted to the state. However, the WA also allows local jurisdictions to levy their own cancellation fees in addition to the state cancellation fee. The local government retains revenues from the local cancellation fee.
The third option is rescission. Rescission occurs when the county supervisors cancel a WA contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value. The landowner must pay a rescission fee of 6.25% of the property’s value, or 12.5% in the case of a farmland security contract. In 2011, the Legislature created an option of establishing solar-use easements which rescinds specified land from the WA in order to develop photovoltaic solar facilities.[13] The new easement requires that the land be used for solar photovoltaic facilities for a term of 20 years, or if the landowner requests, for a term of not less than 10 years; a rescission fee of 6.25% must be paid.
Easements – An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land. It is legally considered an "incorporeal" (not physical) right. Types of easements include express easements, implied easements, and easements by necessity, each with its own criteria and implications. Express easements are formally created through a written agreement between the involved parties. This method necessitates clear documentation that explicitly outlines the parameters of the easement, including the rights granted, the involved parcels of land, and any specific conditions. Express easements are typically recorded with the county recorder’s office to notify future purchasers of the property about the easement.
Solar Use Easements – SB 618 (Wolk, Chapter 596, Statutes of 2011) authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state’s renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under the provisions of SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on lands of limited agricultural value and enter into a SUE that restricts the use of land to photovoltaic solar facilities.
DOC, in consultation with the Department of Food and Agriculture (CDFA), determines if a parcel is eligible for rescission and placement into a SUE, based on specified criteria. Under SB 618, a parcel is eligible for this process if it is not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
To assist in this determination, the landowner is required to provide DOC with a written narrative demonstrating that continued agricultural practices would be substantially limited due to the soil’s reduced agricultural productivity from chemical or physical limitations; a recent soil test; an analysis of water availability and quality; and crop and yield information for the past six years. The landowner is also required to provide DOC with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, and how the land will be restored to its previous general condition. This management plan is required to be implemented, should the project be approved.
The county or city may require a SUE to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. These restrictions may include mitigation measures on or beyond the land that is subject to the SUE. For term easements, these restrictions must include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement terminates.
The SB 618 process requires the landowner to pay a rescission fee, which is 6.25% of the fair market value of the land if it was under a WA contract, and 12.5% if it was in a FSZ. These rescission fees are half that of WA contract cancellation fees.
COMMENTS:
- Author’s Statement. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.”
- Land Use Policy Alignment. As noted above, California will need tens to hundreds of gigawatts of new energy generation over the next two decades to meet our clean energy goals. Where to site and locate all of that electricity generation, and its associated transmission and distribution infrastructure, is an outstanding issue, and one likely to grow more challenging as development ramps up. Occurring simultaneously to the state’s clean energy development needing available land for construction, is the state’s water management policies retiring or reducing land usage to promote water sustainability. SGMA mandates local water management agencies bring groundwater use to sustainable levels by the early 2040s. Finally, the WA, which was created to protect agriculture and wild spaces from urban sprawl, has provided protection to agricultural land for decades. However, the Act may need updating to capture the reality of land management in the future due to SGMA. The PPIC report even recommends “counties should also consider waiving [Williamson Act] cancellation fees when a parcel loses water access.”[14]
This bill seeks to align these state policy trajectories by updating the SUE option for exiting WA contracts. Writing in support, renewable energy developers note this SGMA-clean energy-WA nexus “helps align state policy goals and provides farmers with new economic opportunities for their land.”
- Role of the CEC. Writing in opposition, the Farm Bureau notes concern around the new authority granted to the CEC in this measure to not only be a decider, but potential holder, of a SUE. It is the understanding of this committee that this would be the first time a state agency would be a potential holder of an SUE, which has traditionally been under the purview of counties and cities. This concern is found amongst other parties in opposition to this measure. The Rural County Representatives of California (RCRC) notes in their opposition that WA strikes a balance between the benefits to local governments in preserving important agricultural land against the loss in property tax revenue. RCRC notes “local governments have foregone tens of millions of dollars in property taxes to conserve agricultural land and protect open space.” RCRC contrasts that balance with the inclusion of the CEC in this bill to grant and hold SUEs; a role they feel inappropriate for the CEC given the impacts of WA are uniquely felt by local governments.
The sponsors of this bill, the Large Scale Solar Association, has noted the intention was to grant the CEC the new SUE authority only when those solar projects go through the Opt-in permitting process granted to the CEC under AB 205 (Committee on Budget, Chapter 61, Statutes of 2022). Under that process, the CEC is the lead CEQA agency for environmental review and permitting for any solar (and other specified clean energy) facility that elects to opt into the CEC’s jurisdiction. However this bill does not seem to be limited to the Opt-in permitting process, and rather grants the CEC broad new authority to engage in SUE statewide. Given this seems counter to the author’s intent, the committee may wish to consider the appropriateness of the CEC’s inclusion in this manner.
- Cherry Picking. The Farm Bureau also notes in its opposition an underlying worry that the removal of the WA rescission fee – which for SUEs is 6.25% of the fair market value of the land if it was under a WA contract, and 12.5% if it was in a FSZ; these rescission fees are half that of WA contract cancellation fees – will lead to thoughtless solar development on prime agricultural space. The Bureau notes strict guardrails that currently exist before converting any WA lands under a SUE, and states this bill removes the guardrails, removes the required fee, and expands lands eligible for SUE to existing conservation easements.
While removing the WA fee, which can run into the millions of dollars, presents an attractive option for developers as they contemplate building their facilities, the developers must take into account a host of other issues when selecting a site. Energy development often takes many years, sometimes at financial risk for the developer. Developers must consider not only the desire of the landowner to site energy generation on their property, but the disposition of local governments, some of which are less inclined for solar production given state tax law; the quality of the sun or wind; the soil compactness and land topography; the location to transmission infrastructure; and the congestion of the grid node the facility would be interconnecting into, among other considerations. The presence of Williamson Act cancellation fees, which can run into the millions of dollars for developers, is another barrier. However the removal of these fees does not remove the other numerous considerations the developer must weigh in pursuing a parcel for energy development.
- Prior Legislation.
AB 2528 (Arambula, 2024) would have provided an avenue for cancellation of Williamson Act contracts on agricultural land to be used for specified energy infrastructure. AB 2528 was held in the Assembly Appropriations Committee. Status: Held in the Assembly Committee on Appropriations.
AB 580 (Bennett, 2023) directed the CPUC to consult relevant state agencies about challenges to developing zero-emission energy infrastructure using grant funding from the DOC’s Multibenefit Land Repurposing Program. Status: Held – Assembly Committee on Appropriations.
SB 688 (Padilla, 2023) required the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems, conduct an evaluation of the grant program, as specified, and publish the evaluation on the CEC website, contingent upon an appropriation from the Legislature. Status: Held – Assembly Committee on Appropriations.
SB 574 (Laird) narrowed the role of the DOC in administering the Williamson Act. Status: Chapter 644, Statutes of 2021.
SB 618 (Wolk) authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. Status: Chapter 596, Statutes of 2011.
- Triple Referral. This bill is triple referred. It will be heard in the Assembly Committee on Local Government prior to being heard in this committee. Upon passage in this committee, it will then be referred to the Assembly Committee on Agriculture for its review.
REGISTERED SUPPORT / OPPOSITION:
Support
AES Corporation
American Clean Power Association
American Clean Power- California
Arevon
California State Association of Electrical Workers
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
Edpr Na, LLC
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy, LLC
Large-scale Solar Association
Leeward Renewable Energy
Lisa Seasholtz Elgorriaga
Longroad Energy Management, LLC
Materra
Mattera Farming Company
New Leaf Energy
Renton &ferry Farms
Rwe
Singh Farms
Solar Energy Industry Association
Terra-gen Development Company, LLC
Support If Amended
Western Growers Association
Oppose
American Farmland Trust
California Farm Bureau Federation
County of Kern
Rural County Representatives of California (RCRC)
Analysis Prepared by: Laura Shybut / U. & E. / (916) 319-2083
D. 24-02-047; CPUC; Decision Adopting 2023 Preferred System Plan and Related Matters, and Addressing Two Petitions for Modification; R. 20-05-003; February 20, 2024. https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M525/K918/525918033.PDF ↑
Table 4, pg. 68; D. 24-02-047, Ibid. ↑
CEC 2018 Total System Electric Generation website: 277,764 GWh/8760h=32GW ↑
CEC, CPUC, & CARB; 2021 SB 100 Joint Agency Report: Achieving 100 Percent Clean Electricity in California: An Initial Assessment;” March 2021. ↑
Pg. 12, 2021 SB 100 Report. ↑
Pg. 11, 2021 SB 100 Joint Agency Report Summary, “Achieving 100% Clean Electricity in California” ↑
Pg. 1, 2021 SB 100 Report. ↑
California Energy Commission. 2023. California Energy Commission. CEC 2023 Land-Use Screens for Electric System Planning. Data last updated July 18, 2023. From https://experience.arcgis.com/experience/de6ab11146bf47068ff294d87780ce… ↑
Latest update: Power of Place – West; TNC; August 2022; https://www.nature.org/content/dam/tnc/nature/en/documents/TNC_Power-of-Place-WEST-Executive_Summary_WEB-9.2.22.pdf ↑
Pg. 2, Wu, G.C.; Leslie, E.; Allen, D.; Sawyerr, O.; Cameron, D.; Brand, E.; Cohen, B.; Ochoa, M.; Olson, A. Power of Place: Land Conservation and Clean Energy Pathways for California, 2019. ↑
Ayres, et al., Solar Energy and Groundwater in the San Joaquin Valley; October 2022. ↑
SB 1182, Costa, Chapter 353, Statutes of 1998 ↑
SB 618, Wolk, Chapter 596, Statutes of 2011; sunset statutorily in 2020, but SB 1489, Committee on Gov. and Finance, Chapter 427, Statutes of 2022 added it back to statute. ↑
Pg. 23, PPIC Report, Ibid. ↑
Date of Hearing: April 23, 2025
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 1156 (
Author:Wicks) – As Amended Ver:March 20, 2025
SUBJECT: Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination.
SUMMARY: Makes a number of changes to law governing the conversion of a Williamson Act (WA) contract into a solar-use easement (SUE). Specifically, this bill:
- Changes the definition of a SUE to:
- Include a right or interest acquired by the CEC.
- Expand the land-use restriction in SUE’s to include the storage of solar energy and appurtenant renewable or clean energy facilities.
- Remove language allowing a SUE to exist in perpetuity.
- Specify that, during the term of a SUE, any agricultural land conservation contract binding all or a portion of the land under the SUE and meeting the criteria specified in this bill and existing law for a SUE would be suspended, as specified.
- Alters the process by which the Department of Conservation (DOC) determines if a parcel that is under a WA contract is eligible for rescission and simultaneous placement into a SUE, as follows:
- Requires DOC to consult with any applicable groundwater sustainability agency (GSA) or services.
- Makes this process contingent on a request from a landowner, instead of a county or city.
- Changes this process from a rescission of a WA contract to a suspension of the WA contract.
- Adds to the list of criteria under which this process may occur to include land where there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.
- Removes a provision that prohibits a parcel or parcels from being located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, unless DOC makes a determination that circumstances exist that limit the use of the parcel for agricultural activities, as specified. For purposes of this provision, existing law specifies that the important farmland designations shall not be changed solely due to irrigation status.
- Requires the land to meet both of the additional following criteria:
- The parcel or parcels have an average grade of less than 10% and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
- The parcel or parcels are not encumbered by a conservation easement or enrolled in a land conservation program, the primary purpose of which is the protection of resources other than agriculture, such as recreation, grazing, open space, or biological resources.
- Specifies that, in order to assist DOC in making the determination of eligibility referenced in 2), the CEC (in addition to a city or county) must require the landowner to provide specified information to DOC and makes the following changes to that information:
- Changes references to “agricultural practices” to “commercially viable agricultural practices” and “agricultural productivity” to “commercial agricultural activity.”
- Changes an existing requirement to provide an analysis of water availability demonstrating the insufficiency of water supplies for continued agricultural production to specify “commercially viable” agricultural production, and to include insufficiency based on planned consolidation of water resources on more productive parcels.
- Alters an existing exemption from the California Environmental Quality Act (CEQA) for this determination of eligibility by DOC by removing language limiting this exemption to a determination related to a project described in specified CEQA law that outlines projects that are exempt from CEQA, and instead exempts all DOC determinations of eligibility from CEQA.
- Requires DOC to issue its determination within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
- Allows the CEC, in addition to a county or city, to enter into a SUE upon request of a landowner and a determination of eligibility by DOC, as specified above.
- Removes language providing that the execution and acceptance of a deed or other instrument granting a SUE shall constitute a dedication to the public of the use of lands for solar photovoltaic use.
- Changes provisions of law that allow a county or city to require a deed or other instrument granting a SUE to contain any restrictions, conditions, or covenants necessary or desirable to restrict the use of the land to photovoltaic solar facilities as follows:
- Allows the CEC to require such a deed or instrument.
- Adds “appurtenant” facilities to the allowable use of the land.
- Removes language allowing the restrictions, conditions, or covenants to include mitigation measures on the land and beyond the land that is subject to the SUE.
- Qualify existing decommissioning requirements by stating that any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility, and that salvage value shall not be precluded from the calculation of the cost of decommissioning.
- Removes language requiring the restrictions, conditions, or covenants in a deed or other instrument granting a SUE to include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the SUE to the conditions that existed before the approval or acceptance of the SUE by the time the SUE is extinguished.
- Specifies that a county, city, or the CEC shall not approve any land use on land covered by a SUE that is inconsistent with the SUE, and no building permit or construction notice to proceed may be issued for any structure that would violate the SUE. Existing law requires the county or city to seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the SUE and seek a mandatory injunction requiring the removal of any structure erected in violation of the SUE. This bill does not extend this requirement to the CEC.
- Removes language that allows a person or entity to seek an injunction if the county or city fails to seek an injunction as detailed in 7), above, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the SUE, and language allowing a court to award to a plaintiff who prevails in such an action his or her cost of litigation, including reasonable attorney’s fees.
- Requires termination of a SUE to be by mutual consent.
- Removes the authority of a county or city to not renew a SUE.
- Removes language that requires an existing SUE to remain in effect for the balance of the period remaining since the original execution or the last renewal of the SUE, if the county, city, or the landowner serves notice of intent in any year not to renew the SUE.
- Specifies that, when a SUE is extinguished, the suspension of the WA contract shall terminate and once again be in full force and effect.
- Repeals provisions of law that allow for, and govern, the termination of a SUE.
- Repeals provisions of law that allow for, and govern, the rescission of a WA contract for simultaneous placement of the land into a SUE.
- Requires any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by DOC to be eligible to be placed in a SUE and for which a SUE has been entered into by either the CEC or local government to be suspended for the term of the SUE. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal. Provides that nothing in this provision limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to the WA. Provides that this provision is provided in addition to, not in replacement of, other methods for contract suspension, termination, WA compliance, or a county or city finding that a solar facility is a compatible use pursuant to the WA.
- Provides that CEQA does not apply to the entry into or recordation of a SUE pursuant to the provisions of this bill and existing law governing the conversion of a WA contract into a SUE.
EXISTING LAW:
- Creates the California Land Conservation Act of 1965, also known as the Williamson Act, which authorizes cities and counties to enter into agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 10 years in exchange for lower assessed valuations for property tax purposes. The Division of Land Resource Protection in DOC administers the Act. (Government Code §§ 51200, et seq.)
- Creates Farmland Security Zones and authorizes cities and counties to allow agricultural land preservation contracts with landowners who agree to restrict the use of their land for a minimum of 20 years in exchange for lower-assessed valuations for property tax purposes. The lowered assessed value, under Farmland Security Zones, is greater than under the Williamson Act. (Government Code §§ 51296-51297.4)
- Provides three options for ending a Williamson Act contract:
- Either the landowner or local officials give "notice of nonrenewal," which stops the automatic annual renewals and allows the contract to run down over the next 10 years. (Government Code § 51245)
- Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the Williamson Act. The owner must pay a cancellation fee based on the “cancellation value” of the land. (Government Code § 51282)
- Local officials cancel a Williamson Act contract, but the landowner simultaneously puts an agricultural conservation easement or open space easement on other land of equal or greater value. This action is called rescission. (Government Code § 51256)
- Authorizes a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. (Government Code §§ 51191-51192.2)
- Defines a “solar-use easement” as “any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.” (Government Code § 51190)
- Requires that applicants for an agricultural conservation easement or fee acquisition grant meet all of the following eligibility criteria: (Public Resources Code § 10251)
- The parcel proposed for conservation is expected to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production.
- The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation. This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the acquisition is proposed.
- Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.
- Establishes the Sustainable Groundwater Management Act (SGMA) as a statewide framework to protect groundwater resources by requiring local agencies to form groundwater sustainability agencies (GSAs) for the designated high and medium priority water basins. GSAs must develop and implement groundwater sustainability plans to avoid undesirable results and mitigate water overdraft within 20 years. (Water Code §§ 10720-10738)
- Requires retail sellers and publicly owned utilities to increase purchases of renewable energy such that at least 60% of retail sales are procured from eligible renewable energy resources by December 31, 2030. This is known as the Renewable Portfolio Standard (RPS). (Public Utilities Code § 399.11 et seq.)
- Establishes the policy that all of the state's retail electricity be supplied with a mix of RPS-eligible and zero-carbon resources by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, for a total of 100% clean energy. Requires the California Public Utilities Commission (CPUC), in consultation with the California Energy Commission (CEC), California Air Resources Board (CARB), and all California balancing authorities, to issue a joint report to the Legislature by January 1, 2021, reviewing and evaluating the 100% clean energy policy. (Public Utilities Code § 454.53)
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
- Author’s Statement. According to the author, “AB 1156 updates California’s Solar-Use Easement statute to permit lands with water constraints to be eligible for an easement, while modernizing eligibility criteria and easement terms. The legislation maintains local discretion, incorporating Groundwater Sustainability Agencies in any review of water limitations, updates the compatibility of solar-use easements with existing permitting processes and provides that land under easement be assessed at its full value. Vitally, the bill provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of an easement.
“To achieve California’s goal of a net-zero economy by 2045, we must add at least 127 gigawatts of new zero-emitting resources to the grid by 2045, more than 48% of which will need to be utility-scale solar. A primary challenge to achieving this goal is land availability due to specific development criteria: projects must be relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive environmental habitat.
“Parallel to California’s clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s – a timeline aligned with state climate and energy targets. This unavoidably means that thousands of acres of existing farmland will have to transition to other beneficial uses.
“In addition to the state’s energy and groundwater goals, the California Land Conservation Act of 1965, known as the Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit.
“In 2011, recognizing the opportunity for solar development on constrained agricultural land, the legislature passed a Solar-Use Easement statute (Chapter 596) to provide a path for solar development. The legislature authorized local governments and landowners to transition existing Williamson Act and Farmland Security Zone contracts while simultaneously entering solar-use easements. Though this authority sunset in 2020, it was revived by an omnibus bill passed in 2022 (Senate Bill 1489). According to the Department of Conservation, solar-use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law has been reauthorized.
“AB 1156 responsibly updates California’s Solar-Use Easement law to consider water constrained farmland, providing a unique prospect to accomplish myriad state policy goals while providing farmers with an additional, voluntary economic opportunity.”
- California’s Clean Energy Goals. AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022, codified into law the state’s goals to achieve net zero greenhouse gas (GHG) emissions and a reduction of statewide anthropogenic GHGs to at least 85% below 1990 levels by 2045. This parallels the state’s goals for 100% new zero-emission vehicle sales by 2035 and 100% clean electricity by 2045, as established by Governor Newsom’s Executive Order N-79-20 and SB 100 (De León), Chapter 312, Statutes of 2018, respectively. Actualizing these goals will require a significant buildout of clean energy infrastructure.
- Williamson Act. The Williamson Act (WA), administered by the California Department of Conservation (DOC), helps conserve agricultural and open space land by allowing private property owners to enter into voluntary contracts with counties and cities. These contracts enforceably restrict the land to agriculture, open space, and compatible uses.
In return for these voluntary contracts, county assessors reduce the value of WA contracted lands to reflect the value of their use as agriculture or open space, instead of the allowable assessment value pursuant to Proposition 13. WA contracts have a 10-year term and automatically renew each year, so that the term is always 10 years in the future.
In 1998, the Legislature created an option of establishing a FSZ, which offers landowners a greater property tax reduction for a minimum 20-year contract. The Revenue and Taxation Code sets out valuation procedures for land under WA and FSZ contracts, as well as for other lands where the use is enforceably restricted in various ways, including scenic restrictions, open space easements, restrictions for timber cultivation, and wildlife habitat contracts.
As of 2022, about 15.1 million acres of land across 52 counties were under WA contracts. According to DOC, participation in the program has been steady, hovering at about 16 million acres enrolled under contract statewide since the early 1980s. This number represents about one third of all privately held land in California, and about one half of the state’s agricultural land. DOC estimates that individual landowners have saved anywhere from 20% to 75% in reduced property taxes each year, depending upon their circumstances. The DOC’s Williamson Act Status Report of 2020-2021, its latest report, noted, “Concerns and questions continue to arise regarding cannabis, solar fields, use compatibility, breach of contract, and most recently, the Sustainable Groundwater Management Act (SGMA)… Most of these types of questions are best addressed at the local level.”
- Getting out of a WA Contract. A landowner who wants to develop land restricted by a WA contract has three options: nonrenewal, cancellation, and rescission.
- Non-renewal. Under this process, either the landowner or local officials give “notice of nonrenewal,” which stops the automatic annual renewals and allows the contract to run down over the next 10 years (20 years for FSZs).
- Cancellation. Local officials can cancel a contract at the request of the landowner. To do so, local officials must make findings that cancellation is in the public interest and that cancellation is consistent with the purposes of the WA. In addition, the landowner must pay a cancellation fee that is equal to 12.5% of the “cancellation valuation” of the property (25% in the case of FSZs).
Typically, the county assessor determines the cancellation valuation. However, a landowner and DOC can separately agree on a cancellation valuation for the land, which takes the place of the value identified by the county assessor. Local officials may approve or deny a cancellation once the cancellation value is determined.
- Rescission. A city or county, upon petition by a landowner, may enter into an agreement with a landowner to rescind a WA contract in order to simultaneously place other land under an agricultural conservation easement, provided that the Board of Supervisors or City Council makes certain findings, including that the proposed easement will make a beneficial contribution to the conservation of agricultural land in its area. The land proposed to be placed under an agricultural conservation easement must be of equal size or larger than the land under the WA that will be rescinded, and must be equally or more suitable for agricultural use than the land under the WA that will be rescinded.
In determining the suitability of the land for agricultural use, the city or county must consider the soil quality and water availability of the land, adjacent land uses, and any agricultural support infrastructure. The Secretary of Resources must approve the agreement and, in order to do so, must find that the parcel proposed for the new contract is expected to be used for, and is large enough and in an area to sustain, commercial agricultural production, among other things.
- Subvention Payments. Historically, the state made subvention payments to counties in order to make up for a portion of the resulting losses in local property tax revenue from WA and FSZ contracts, and other enforceable open space restriction programs. Specifically, state law requires the Secretary of Natural Resources to direct the Controller to pay eligible cities and counties, out of continuously appropriated funds, at the following annual rates for enforceably restricted land:
- Five dollars per acre for prime agricultural land that is subject to open space easement, WA or FSZ contract, or timber production easement.
- One dollar per acre for other land devoted to open-space uses of statewide significance.
- Eight dollars per acre for land under a FSZ contract that is within three miles of the boundaries of the sphere of influence of an incorporated city.
According to the Legislative Analyst’s Office (LAO), the state annually appropriated around $35 million to $40 million each year from 1994 to 2008 for subvention payments to local governments. However, funding for subventions was suspended in Fiscal Year 2009-10 in response to budgetary pressures. A one-time appropriation of $10 million was made for Fiscal Year 2010-11, but no appropriations for subvention payments have been made since then. In the intervening years, only one county, Imperial, has exited the WA program.
- Easements. An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land. It is legally considered an "incorporeal" (not physical) right. Types of easements include express easements, implied easements, and easements by necessity, each with its own criteria and implications. Express easements are formally created through a written agreement between the involved parties. This method necessitates clear documentation that explicitly outlines the parameters of the easement, including the rights granted, the involved parcels of land, and any specific conditions. Express easements are typically recorded with the county recorder’s office to notify future purchasers of the property about the easement.
- Solar Use Easements. SB 618 (Wolk), Chapter 596, Statutes of 2011, authorized an alternative to the then-existing avenues for exiting a WA or FSZ contract, in response to the state’s renewable energy goals and a desire for alternative uses for marginally productive or physically impaired agricultural land. Under the provisions of SB 618, a property owner and a county or city may mutually agree to rescind the WA or FSZ contract on lands of limited agricultural value and enter into a SUE that restricts the use of land to photovoltaic solar facilities.
DOC, in consultation with the Department of Food and Agriculture (CDFA), determines if a parcel is eligible for rescission and placement into a SUE, based on specified criteria. Under SB 618, a parcel is eligible for this process if it is not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance. The land must also consist predominantly of soils with significantly reduced agricultural productivity, or have severely adverse soil conditions that are detrimental to continued agricultural activities and production.
To assist in this determination, the landowner is required to provide DOC with a written narrative demonstrating that continued agricultural practices would be substantially limited due to the soil’s reduced agricultural productivity from chemical or physical limitations; a recent soil test; an analysis of water availability and quality; and crop and yield information for the past six years. The landowner is also required to provide DOC with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, and how the land will be restored to its previous general condition. This management plan is required to be implemented, should the project be approved.
The county or city may require a SUE to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. These restrictions may include mitigation measures on or beyond the land that is subject to the SUE. For term easements, these restrictions must include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement terminates.
The SB 618 process requires the landowner to pay a rescission fee, which is 6.25% of the fair market value of the land if it was under a WA contract, and 12.5% if it was in a FSZ. These rescission fees are half that of WA contract cancellation fees.
- CEC AB 205 Process. AB 205 (Committee on Budget), Chapter 61, Statutes of 2022, granted authority to the CEC to oversee the permitting of clean and renewable energy facilities, including solar photovoltaic, onshore wind, and energy storage systems, and facilities that produce or assemble clean energy technologies or their components. Known as the Opt-In Certification Program, this permitting process offers developers an optional pathway to submit project applications. Under AB 205, the CEC is the lead CEQA agency for environmental review and permitting for any facility that elects to opt into the CEC’s jurisdiction.
The Opt-In program requires the CEC to:
- Complete in 270 days an environmental impact report (EIR) under CEQA.
- Certify compliance with requirements for community benefits agreement, project labor agreements, and economic benefits.
- Ensure consistency with all laws, ordinances, regulations, and standards (LORS) under the Warren-Alquist Act.
The following types of facilities are eligible to apply to the Opt-In Certification Program:
- Solar photovoltaic or terrestrial wind electrical generating power plants generating 50 megawatts (MW) or greater.
- Energy storage systems capable of storing 200 megawatt-hours (MWh) or more
- Stationary power plants 50 MW or greater using any source of thermal energy, excluding fossil or nuclear fuels.
- Transmission lines associated with these generating and storage facilities.
- Specified facilities that manufacture or assemble clean energy or storage technologies or related components.
- Hydrogen production facility (not derived from fossil fuel feedstock) and associated onsite storage and processing facilities.
Public input occurs at several steps along the process. Within five days of each project application being deemed complete, the CEC sends an invitation to request consultations with California Native American tribes. Within 30 days, the CEC holds a public scoping and informational meeting. By day 150, the CEC posts a draft Environmental Impact Report (EIR), and within 30-60 days of posting the draft EIR, the CEC holds a public meeting on the draft EIR and provides 60 days for public comment. On or before the 270th day, the proposed project and final EIR will be brought to a CEC business meeting for license consideration.
For a site to be certified by the CEC through the AB 205 process, the application must include a community benefits agreement. The applicant must have entered into one or more legally binding and enforceable agreements with, or that benefit, a coalition of one or more community-based organizations, such as workforce development and training organizations, labor unions, social justice advocates, local governmental entities, California Native American tribes, or other organizations that represent community interests, where there is mutual benefit to the parties to the agreement.
The topics and specific terms in the community benefits agreements may vary and may include workforce development, job quality, and job access provisions. The topics and specific terms in the community benefits agreement may also include funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, paving roads and bike paths, and annual contributions to a nonprofit or community-based organization that awards grants to organizations delivering community-based services and amenities.
- Sustainable Groundwater Management Act (SGMA). Groundwater is water found beneath the land surface in pores and fractures in materials such as rock, gravel, or sand. Underground areas where groundwater flows naturally out of rock materials or where groundwater can be removed by pumping are referred to as aquifers. According to the Department of Water Resources (DWR), groundwater provides nearly 40% of California’s water supply in an average year and 60% in drought years. For much of California’s history, there was no statewide mandate for the management of groundwater. This led to significant over-pumping (or “overdraft”) of groundwater in many regions of the state that resulted in land subsidence (or sinking) that compromised infrastructure, dewatered rivers and streams, led to seawater intrusion in coastal areas, and dried out domestic and agricultural groundwater wells, among other adverse impacts.
In the midst of the 2012-16 drought, California’s most severe on record, the Legislature passed SGMA to reverse the adverse impacts caused by groundwater overdraft and to protect this important resource for future use by California’s economy, communities, and ecosystems. Passed in 2014, SGMA is composed of a three-bill legislative package, including AB 1749 (Dickinson), SB 1168 (Pavley), and SB 1319 (Pavley), and subsequent statewide regulations.
SB 1168 (Pavley) required DWR to categorize each basin as “high”, “medium”, “low”, or “very low” priority based on specified criteria including population, rate of population growth, and number of wells (see Water Code Section 10933 for full list). Out of the 515 groundwater basins identified by DWR (https://data.cnra.ca.gov/dataset/calgw_update2020), 94 basins were classified as “high” (46 basins) or “medium” (48 basins) priority. These basins must comply with SGMA. DWR also identified 21 basins as “critically overdrafted”, noting that “continuing current water management practices would likely result in significant adverse environmental, social, or economic impacts”.
- Local Governments and SGMA. SGMA requires local agencies in groundwater basins designated as “high” or “medium” priority by DWR to form a Groundwater Sustainability Agency (GSA) and develop a Groundwater Sustainability Plan (GSP) to achieve sustainable groundwater management within a 20-year time frame. GSPs achieve “sustainable management” by avoiding six “undesirable results:” 1) chronic lowering of groundwater levels; 2) reduction of groundwater storage; 3) seawater intrusion; 4) degraded water quality; 5) land subsidence (sinking of the Earth’s surface); and 6) depletion of interconnected surface waters. “Undesirable results” must also be “significant and unreasonable” in order to violate the standard of sustainable management.
An overarching principle of SGMA is local control. The stated legislative intent is to “manage groundwater basins through the actions of local government agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner” [Water Code Section 10720(i)]. DWR supports local SGMA implementation by providing regulatory oversight through the evaluation and assessment of GSPs and by providing planning, technical, and financial assistance.
- Agricultural Lands and SGMA. Compliance with SGMA necessitates that some agricultural land come out of production to achieve groundwater sustainability. In a 2023 policy brief entitled “The Future of Agriculture in the San Joaquin Valley,” the Public Policy Institute of California (PPIC) estimated that “by 2040, the combined impacts of SGMA, climate change, and environmental regulations could cause a 20 percent reduction in water availability for valley agriculture, or around 3.2 million acre feet (maf). Water constraints will lead to a reduction in irrigated lands, and in overdrafted basins, areas with less access to surface supplies will face a much higher risk of fallowing. In the worst-case scenario, without developing new supplies or engaging in water trading activities, the transition to sustainability under climate change and increased environmental flows will require the fallowing of nearly 900,000 acres with respect to current conditions. In some areas, more than 50 percent of lands may need to be fallowed.”
- Recent Legislative Efforts. AB 2528 (Arambula) of 2024 would have authorized a landowner to petition a county board of supervisors or a city council to cancel a WA contract or a FSZ contract if the land met specified criteria. The criteria included, among other things, not having permanent access to sufficient water to support commercially viable irrigated agricultural use on the land. Under the bill, the landowner would have been subject to a land use entitlement for specified energy projects, including: a solar photovoltaic or wind electrical generating power plant; an energy storage system; or, an electric transmission line carrying power for these energy projects.
These energy projects would have been required to provide a community benefits package, including local employment, water services, and electricity discounts. The bill would have established cancellation fees equal to 6.25% of the fair market value of the property for cancellation of a WA contract and 12.5% for cancellation of a FSZ contract. AB 2528 was restricted to land located in the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare.
AB 2528 was held in the Assembly Appropriations Committee.
- 2024 Permitting Reform Hearings. According a report released by the Assembly Select Committee on Permitting Reform in March of this year, one of the recommendations that was made throughout that committee’s hearings in 2024 was to facilitate the conversion of fallowed agricultural land to clean energy purposes. The report states, “Identifying land for clean energy projects is an ongoing challenge, as much as the state’s land is already being utilized for productive use or is environmentally sensitive. One opportunity to increase land available for clean energy is in the southern San Joaquin Valley. In this area, it is anticipated that a substantial amount of farmland will be fallowed in coming years as a result of SGMA.
“Stakeholders in the solar industry have identified this area as particularly promising for clean energy generation, because of the amount of sun received and its proximity to viable transmission corridors. However, they have identified that conversion of this agricultural land can be complicated by factors such as Williamson Act contracts between farmers and local governments to keep the land in agricultural production. Particularly, stakeholders noted that local governments have been resistant to cancel these contracts even as the land becomes unviable for farming, and that cancellation rules are complex.”
- Bill Summary. This bill makes a number of changes to law governing the conversion of a WA contract into a SUE. Among its many provisions are the following major components:
- Authorizations. This bill changes the authorization for which government agencies may hold a SUE. Under current law, only counties and cities may hold a SUE. This bill allows the CEC to also hold a SUE.
- Process. This bill makes several changes to the process of the conversion of a WA contract into a SUE.
- Under current law, a WA contract is rescinded and the land is simultaneously placed into a SUE. This bill changes that process so that, instead of rescission, the WA contract is suspended for the term of the SUE, and bounces back into effect after completion of the SUE.
- Under current law, DOC determines whether a parcel is eligible for rescission of a WA contract upon request from a county or city. This bill authorizes a landowner, but not a city or county, to make that request.
- Under current law, the landowner or the county or city may choose to not renew the SUE. This bill removes the ability of the county or city to non-renew.
- Under current law, DOC must consult with CDFA to determine eligibility for conversion of a WA contract to a SUE. This bill requires additional consultation with the applicable GSA or services.
- Criteria. This bill changes the eligibility criteria for a parcel that may be converted from a WA contract into a SUE.
- Under current law, the land must not be located on prime farmland, unique farmland, or farmland of statewide importance. This bill removes this requirement.
- Under current law, the land must have adverse soil conditions. This bill adds insufficient surface water or groundwater rights to support commercially viable irrigated agricultural use as an allowable eligibility criterion.
- This bill requires the land to have an average grade of less than 10 percent and have been used historically as irrigated cropland, rather than unirrigated grazing land.
- Land Use. Under current law, land under a SUE is restricted to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy. This bill adds storage and appurtenant renewable energy facilities as allowable uses for land under a SUE.
- Mitigation and Land Restoration. Under current law, a county or city may require a deed containing mitigation measures on and beyond the land that is subject to the SUE. This bill removes that authority. Current law also requires the restrictions, conditions, or covenants in a deed or other instrument granting a SUE to include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the SUE to the conditions that existed before the approval or acceptance of the SUE by the time the SUE is extinguished. This bill removes this requirement.
- Fees. Under current law, rescission of a WA contract to enter into a SUE requires the landowner to pay a fee, which is deposited into the General Fund: 6.25% of the fair market value of the land, and 12.5% if the land was designated as a FSZ. This bill replaces the contract rescission with contract suspension, which does not require associated fees.
This bill is sponsored by the Large-scale Solar Association.
- Policy Considerations. The Committee may wish to consider the following:
- Role of Local Agencies and the CEC. Historically, WA contracts and SUEs have been under the purview of counties and cities only. This bill introduces, for the first time, a state agency as a potential holder of a SUE. The Committee may wish to consider if the CEC (or any other agency that is not a county or city) is an appropriate agency to enter into a SUE under a process that has, until now, been reserved for local agencies.
- Community Benefits. Last year, AB 2528 was amended to require projects built pursuant to its provisions to provide a community benefits package, including, but not limited to, local employment, water services, and electricity discounts. This bill contains no such requirement. The Committee may wish to consider if this bill should be amended to add a similar community benefits requirement.
- Mitigation and Land Restoration. This bill alters the existing mitigation requirements for land that is put into a SUE, removing the ability of a county or city to require a deed containing mitigation measures on and beyond the land that is subject to the SUE. This bill also removes a requirement that restrictions, conditions, or covenants in a deed or other instrument granting a SUE include a requirement for the landowner to post financial securities to fund the restoration of land in the SUE to conditions that existed before the approval of the SUE, by the time the SUE is extinguished. The Committee may wish to consider if this bill would benefit from more specific mitigation and land restoration requirements.
- Ability to Non-renew. Existing law grants the authority to non-renew a SUE to both the land-owner and the county or city. This bill removes the ability of counties and cities to elect to non-renew a SUE. The Committee may wish to consider if this power should be restored.
- Fees. AB 2528 was amended to decrease cancellation fees, rather than eliminate them altogether. The bill proposed to set fees at 6.25% of the fair market value of the property, effectively halving the fee that would otherwise apply pursuant to the WA. AB 2528 proposed to allocate cancellation fees, in undetermined percentages, to DOC and for community benefits packages within the county. The Committee may wish to consider if a similar arrangement should be incorporated into this bill.
- Geographic Limitations? As noted above, the Assembly Select Committee on Permitting Reform reported this year that stakeholders in the solar industry identified the southern San Joaquin Valley as an especially promising for converting WA contracts to solar use, because of its ample sun and proximity to transmission corridors. AB 2528 was eventually narrowed to apply only to the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The Committee may wish to consider if a similar compromise should be struck with this bill.
- Previous Legislation. AB 2528 (Arambula) would have provided an avenue for cancellation of Williamson Act contracts on agricultural land to be used for specified energy infrastructure. AB 2528 was held in the Assembly Appropriations Committee.
AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022, declared it the policy of the state to achieve net-zero GHG emissions as soon as possible, but no later than 2045, to achieve that goal with at least an 85% reduction in GHG emissions, and to achieve and maintain net negative GHG emissions thereafter.
SB 1020 (Laird), Chapter 361, Statutes of 2022, made it the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90% of all retail sales of electricity by December 31, 2035, 95% of all retail sales by December 31, 2040, 100% of all retail sales by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035.
SB 574 (Laird), Chapter 644, Statutes of 2021, narrowed DOC’s role in administering the Williamson Act.
SB 100 (De Leon), Chapter 312, Statutes of 2018, mandated that 100% of the state's electricity retail sales and electricity procured to serve state agencies be supplied by renewable and zero-carbon resources by 2045.
SB 1168 (Pavley), Chapter 346, Statutes of 2014, required adoption of a sustainable GSP by January 31, 2020, for all high or medium priority basins that were subject to critical conditions of overdraft and by January 31, 2022, for all other high and medium priority basins unless the basin was legally adjudicated or the local agency established it is otherwise being sustainably managed.
AB 1739 (Dickinson), Chapter 347, Statutes of 2014, provided specific authority to a GSA to impose certain fees, and authorized the Department of Water Resources (DWR) or a GSA to provide technical assistance to entities that extract or use groundwater to promote water conservation and protect groundwater resources.
SB 1319 (Pavley), Chapter 348, Statutes of 2014, authorized the State Water Resources Control Board (SWRCB) to designate a groundwater basin subject to sustainable groundwater management requirements as a probationary basin under specified circumstances, and authorized SWRCB to develop an interim management plan in consultation with DWR under specified conditions.
SB 618 (Wolk), Chapter 596, Statutes of 2011, authorized a city or county and a landowner to rescind a WA contract on agricultural lands of limited agriculture value and enter into a SUE that restricts the use of land to photovoltaic solar facilities.
- Arguments in Support. The Large-scale Solar Association, sponsor of this measure, writes, “California has an ambitious plan to achieve a net-zero carbon economy by 2045… To meet this goal, California must add at least 127 GW of new zero-emitting resources to the grid by 2045, more than 48% of which is utility-scale solar. Constructing this scale of clean energy infrastructure within such a short timeframe requires leveraging every available tool to advance projects efficiently.
“One of the primary challenges to achieving this goal is land availability. Projects must be located relatively close to transmission infrastructure, have largely contiguous lands, and avoid sensitive habitat areas – factors that, in addition to federal lands rules – exclude the majority of California’s desert landscape. The California Energy Commission’s 2023 land use screens report highlights that the lowest-impact approach to our clean energy transition is found in repurposing agricultural lands losing water access for at least some of the state’s needed solar energy. This will not only minimize biodiversity impacts but also supports the economic stability of these communities.
“Parallel to California’s clean energy goals is the Sustainable Groundwater Management Act (SGMA), which mandates local water management agencies to bring groundwater use to sustainable levels by the early 2040s – a timeline that aligns closely with state climate and energy targets. Water managers and Groundwater Sustainability Agencies (GSA) have been working since SGMA’s passage in 2014 to develop plans to come into compliance, with the expectation that nearly a million acres could come out of agricultural production as a result.
“In addition to the state’s energy and groundwater goals, the California Land Conservation Act of 1965, or Williamson Act, helps protect farmland, enabling local governments to enter contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in exchange for a tax benefit. In 2011, recognizing the opportunity for solar development on marginal agricultural land, the legislature passed the Solar-Use Easement law (Statutes of 2011, Chapter 596) to provide a path for solar development on lands that are less suited for agricultural production…
“According to the Department of Conservation, solar use easements were not widely pursued during the nine years before the authority lapsed in 2020, and it is unclear if any easements have been granted since the law was reauthorized. While well-intentioned, the current Solar Use Easement law includes onerous requirements on local governments to develop costly ordinances and restrictions related to soil degradation as opposed to other impairments, such as water constraints. The current law also allows for easements to be unilaterally terminated by local governments and does not allow county tax assessors to assess properties at their full value under the law during the term of the easement.
“AB 1156 proposes to update the Solar Use Easement law by allowing lands with water constraints to be eligible for an easement and modernizes the eligibility criteria and easement terms. Specifically, AB 1156 would maintain local discretion, require the review of water limitations by the Groundwater Sustainability Agency (GSA), update the compatibility of solar use easements with existing permitting processes (Chapters 61, 2021) and provide that land under an easement be assessed at its full value under the law. This bill also provides a path for lands to enter back into a Williamson Act contract at the conclusion of the term of the easement.
“The new reality is that the need to conserve vital water resources will unavoidably place many agricultural landowners at risk of losing the ability to farm their land, with no viable economic alternative. This nexus between clean energy goals, water sustainability, and land scarcity presents a rare opportunity to craft a policy that achieves multiple statewide goals. This effort will require strategic planning, creativity, and compromise. AB 1156 bill strikes this balance and will help fulfill the promise of a carbon free future with well-paying jobs, and mitigation of the worst impacts of climate change on our communities and economy...”
- Arguments in Opposition. The Rural County of Representatives (RCRC) states, “RCRC shares your desire to update the Williamson Act’s Solar Use Easement to better put land to productive use; however, we oppose Assembly Bill 1156 because it usurps local permitting authority and eliminates the ability to impose important mitigation measures that protect both the project site and surrounding community…
“The Williamson Act is predicated on a contractual agreement between a landowner and local government in which the local government agrees to forego a portion of property tax revenues in exchange for the landowner’s commitment to preserve the land’s use for agricultural or compatible purposes. While the state formerly offset lost local property tax revenue, it suspended those reimbursements fifteen years ago. Since then, local governments have foregone tens of millions of dollars in property taxes to conserve agricultural land and protect open space.
“AB 1156 undermines those local sacrifices by allowing the California Energy Commission to usurp those local roles and responsibilities and unilaterally determine whether to grant a solar-use easement. AB 1156 continues a dangerous and deeply unsettling trend allowing energy developers to bypass local land use authority to have projects considered by the Energy Commission.
“Local governments are charged with balancing competing land uses and are best suited to understand and be responsive to the needs and concerns of local stakeholders and communities. In contrast, the California Energy Commission is comprised of unelected appointees, is narrowly focused on energy issues, and lacks the local grounding that is necessary to carefully evaluate what may be major energy development projects. These concerns are heightened by the reality that solar projects should be combined with storage facilities to ensure that power is available when consumers need it the most. Unfortunately, California has recently experienced several significant energy storage facility fires that have caused severe and significant local disruptions and created concerns about contamination being deposited onto nearby properties. These important local safety considerations should and MUST be considered by local elected decision makers who are invested with the authority to impose mitigation measures to protect the public and their communities. AB 1156 seeks to eliminate that mitigation authority too.
“Under existing law, local agencies may impose mitigation measures on land subject to a solar use easement. AB 1156 completely rescinds that authority to the detriment of public safety, neighboring landowners, and the project itself. Local agencies must retain authority to impose mitigation measures. Typical project mitigation measures include fire safety/protection systems, vegetation control to reduce fire risk, security fencing to exclude livestock and trespassers, construction mitigation measures, emergency response protocols (even more important considering that solar projects should include integrated energy storage systems that present unique emergency response challenges), and measures to reduce the risk of the project becoming an attractive nuisance to children. It is not just local mitigation authority at stake – AB 1156 also denies the Energy Commission the authority to impose mitigation requirements…
“Under existing law, the landowner or local government may decide to non-renew a solar use agreement on all or a portion of a parcel. We understand and are sensitive to developers’ concern that a local government may try to non-renew an easement before the end of the project’s useful life. At the same time, there are situations in which a developer abandons or scales back a planned energy development project, in which case local governments should retain the authority to non-renew a solar use easement. Rather than repeal local authority to non-renew, we instead suggest amendments that would provide longer-term periods during which a local government could not non-renew a solar use easement on which a solar project has been completed and is operating as planned…”
- Triple-Referral. This bill is triple-referred to the Assembly Utilities and Energy Committee and the Assembly Agriculture Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Large-scale Solar Association [SPONSOR]
AES Corporation
American Clean Power- California
Arevon
California State Association of Electrical Workers
California State Council of Laborers
Candela Renewables
Clearway Energy Group LLC
Coalition of California Utility Employees
EDPR North America
Forebay Farms
Independent Energy Producers Association
Intersect Power
Invenergy, LLC
Leeward Renewable Energy
Lisa Seasholtz Elgorriaga
Longroad Energy Management, LLC
Materra Farming Company
New Leaf Energy
Renton and Terry Farms
RWE
Singh Farms
Solar Energy Industry Association
Terra-Gen Development Company, LLC
Support If Amended
Western Growers Association
Opposition
American Farmland Trust
California Farm Bureau Federation
County of Kern
Rural County Representatives of California
Analysis Prepared by: Julia Mouat / L. GOV. / (916) 319-3958, Angela Mapp / L. GOV. / (916) 319-3958
Discussed in Hearing
12MIN
Senate Floor
3MIN
Assembly Floor
14MIN
Senate Standing Committee on Local Government
13MIN
Senate Floor
41SEC
Senate Standing Committee on Appropriations
21MIN
Senate Standing Committee on Environmental Quality
31MIN
Senate Standing Committee on Local Government
5MIN
Assembly Floor
Bill Author
Bill Co-Author(s):