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HomeMy WebLinkAboutMINUTES - 08171993 - 1.93 STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor C/ DEPARTMENT OF CONSERVATION DIVISIONOF ADMINISTRATION DIVISIONOF MINES AND GEOLOGY DIVISIONOF OIL ANDGAS • DIVISIONOF RECYCLING 801 K Street SACRAMENTO, CA 95814-3514 Phone (916) 322-1080 FAX (916) 445-0732 August 5,'1993 ER,ECE-NED Contra Costa County Board of Supervisors AUG 1 01993 c/o Clerk of the Board of Supervisors 725 Court St. Courthouse Martinez, CA n 94553 CLERK BOARD OF SUPERVISCPS CONTRA COSTA CO. Dear Board: Governor Wilson recently signed two bills affecting the California Land Conservation (Williamson Act) Program. Senate Bill 683 (Chapter 65, Statutes of 1993), increased the appropriation for Open Space Subventions from $14 million to $35 million. The augmentation of funds will assist local governments in recouping their costs associated with the program. This law also amended the formula by which subvention payments are calculated. Instead of having three payment categories for Prime agricultural land (two categories of Urban Prime and one category of Other Prime), all Prime agricultural land will be paid a flat amount of$5.per acre. Land qualifying as Non Prime, or Open Space of Statewide Significance, will be paid $1 per acre. The second bill, AB 582 (Chapter 89, Statutes of 1993), changed the notification process for contract cancellation proceedings. Prior law required local jurisdictions participating in the Program to mail a notice of a tentative contract cancellation hearing, as well as a copy of the landowner's cancellation petition, to the Department of Conservation. Effective January 1, 1994, AB 582 requires these items be sent to the Department at least ten days prior to the tentative cancellation hearing date. Agriculture is one of the State's most valuable natural and economic resources. Your participation in the Williamson Act Program and commitment to the preservation of agricultural land is important. If you have any questions about either of these legislative changes, please contact Kenneth E. Trott, Manager of the Land Conservation Unit, at (916) 324-0859. Sincerely, o Edward G. Heidig Director Enclosures cc: Authorized Representatives County Assessors AUG 10 1993 SUPER'�R COURT ADh NISTRAI�",. .r Assembly Bill No. 582 CHAPTER 89 An act to amend Section 51284 of the Government Code,relating to agricultural land. The people of the State of California do enact as follows: SECTION I. Section 51284 of the Government Code is amended to read: 51284. No contract may be canceled until after the city or county has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published pursuant to Section 6061 and shall be mailed to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land upon which the contract is proposed to be canceled.In addition, at least 10 working days prior to the hearing,a notice of the hearing and a copy of the landowner's petition shall be mailed to the Director of Conservation. Within 30 days of the tentative cancellation of the contract, the city or county shall publish a notice of its decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282, and a general description, in text or by diagram, of the land under contract,as a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city or county.In addition,within 30 days of the tentative cancellation of the contract, the city,or county shall deliver a copy of the published notice of the decision, as described above, to the Director of Conservation. The publication shall be for informational purposes only,and shall create no right,standing,or duty that would otherwise not exist with regard to the cancellation proceedings. SEC.2. . Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act,the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. 1 Senate Bill No. 683 CHAPTER 65 An act to amend Section 16142 of the Government Code,relating to open-space subventions, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. The people of the State of California do enact as follows: SECTION 1. Section 16142 of the Government Code is amended to read: 16142. The Secretary of the Resources Agency shall direct the Controller to pay annually out of the funds appropriated by Section -16140, to each eligible county, city,or city and county, the following amounts for each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423,423.3,or 423.5 of the Revenue and Taxation Code: (a) Five dollars ($5) for prime agricultural land, as defined in Section 51201. (b) One dollar ($1) for all land, other than prime agricultural land, which is devoted to open-space uses of statewide significance, as defined in Section 16143. The amount per acre in subdivision (a) may be increased by the Secretary of the Resources Agency to a figure which would offset any savings due to a more restrictive determination by the secretary as to what land is devoted to open-space use of statewide significance. SEC. 2. The sum of twenty million nine hundred two thousand two hundred ninety dollars ($20,902,290) is hereby appropriated from the General Fund in augmentation of schedule (e) of Item 9100-101-001 of the Budget Act of 1993 for the purpose of increasing subventions to counties and cities for open space pursuant to Section 16142 of the Government Code. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace,health,or safety within the meaning of Article IV of the Constitution and shall go into, immediate effect. The facts constituting the necessity are: In order to provide fiscal management authority as soon as possible for the urgent needs of the state and local governments in light of the current shortfall in state revenues,it is necessary that this act take effect immediately.