California 2011 2011-2012 Regular Session

California Senate Bill SB668 Amended / Bill

Filed 04/25/2011

 BILL NUMBER: SB 668AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator Evans FEBRUARY 18, 2011 An act to add and repeal Section 51257.5 of the Government Code, relating to agricultural land. LEGISLATIVE COUNSEL'S DIGEST SB 668, as amended, Evans. Local government: Williamson Act. The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes cities and counties to enter into 10-year contracts with landowners whereby the landowner agrees to restrict the use of his or her land in exchange for a reduced property taxation rate. Under existing law, the city or county receives a subvention for the property tax revenue lost as a result of these contracts. This bill would, until January 1, 2016, authorize an open-space district, a land-trust organization,  or  a nonprofit entity  , or a public agency  to enter into a contract with a landowner who has also entered into a Williamson Act contract, upon approval of the city or county that holds the Williamson Act contract, to keep that landowner's land in contract under the Williamson Act, for a period of up to 10 years in exchange for the open-space district's, land-trust organization's, or nonprofit entity's payment of all or a portion of the foregone property tax revenue to the county, where the state has failed to reimburse  , or reduced the subvention to,  the city or county for property tax revenues not received as a result of Williamson Act contracts. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 51257.5 is added to the Government Code, to read: 51257.5. (a) If the state fails to make payments to a city or county pursuant to Section 16142 or 16142.1,  or if the state provides a reduced subvention,  a city or county may accept contributions from an open-space district, a land-trust organization,  or  a nonprofit entity  , or a public agency  for specific land under a contract within the city or county to supplement foregone property tax revenues pursuant to this section. (b) (1) An open-space district, land-trust organization,  or  nonprofit entity  , or public agency  may contract with an owner of land currently under a contract pursuant to this chapter, upon approval of the contract by the city or county, for a period of up to 10 years, to keep the land owner's property under contract with the county pursuant to this chapter, in exchange for the contribution by the open-space district, land-trust organization, or nonprofit entity's payment of all or a portion of the foregone property tax revenue to the city or county. (2) A contract entered into pursuant to this subdivision shall be subject to any limitation in power of an open-space district, land-trust organization,  or  nonprofit entity  , or public agency  . (3) A contract entered into pursuant to this subdivision shall not authorize or require the conversion of land subject to the contract into a mitigation bank site. (c) Notwithstanding subdivision (a), the city or county may use up to 5 percent of the total amount contributed by an open-space district, land-trust organization,  or  nonprofit entity  , or public agency  for administrative purposes. (d) (1) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. (2) A contract entered into pursuant to this section shall remain in force until the termination date of the contract, but may contain a provision to authorize the mutual cancellation or renegotiation of the contract on January 1, 2016, or upon the resuming of payments pursuant to Section 16142 or 16142.1 by the state to the city or county.