California 2025 2025-2026 Regular Session

California Assembly Bill AB1156 Introduced / Bill

Filed 02/20/2025

                    CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1156Introduced by Assembly Member WicksFebruary 20, 2025 An act to amend Section 51190 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1156, as introduced, Wicks. Agricultural land use: conversion to solar-use easements.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 The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows: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 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.

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1156Introduced by Assembly Member WicksFebruary 20, 2025 An act to amend Section 51190 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1156, as introduced, Wicks. Agricultural land use: conversion to solar-use easements.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 1156

Introduced by Assembly Member WicksFebruary 20, 2025

Introduced by Assembly Member Wicks
February 20, 2025

 An act to amend Section 51190 of the Government Code, relating to local government. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1156, as introduced, Wicks. Agricultural land use: conversion to solar-use easements.

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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows: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 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

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 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.

SECTION 1. Section 51190 of the Government Code is amended to read:

### SECTION 1.

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 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.

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 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.

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 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.



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 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.