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SB-527 Local government: Williamson Act: cultivation of cannabis and hemp.(2019-2020)

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Date Published: 04/23/2019 09:00 PM
SB527:v98#DOCUMENT

Amended  IN  Senate  April 23, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 527


Introduced by Senator Caballero

February 21, 2019


An act to amend Section 51238 51231 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 527, as amended, Caballero. Local government: Williamson Act: cultivation of cannabis. cannabis and hemp.
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 located in an agricultural preserve designated by the city or county. Existing law provides that unless the board or council, after notice and hearing, makes a finding to the contrary, the erection, construction, alteration, or maintenance of gas, electric, water, communication, or agricultural laborer housing facilities are compatible uses on land under a Williamson Act contract, and prohibits land occupied by any of those facilities from being excluded from an agricultural preserve by reason of that use. requires the board of supervisors or city council, as applicable, to adopt rules governing the administration of agricultural preserves, including rules related to compatible uses consistent with specified principles of compatibility.
This bill would additionally provide that unless the board or council after notice and hearing, makes a finding to the contrary, the authorize these rules to provide that commercial cultivation of cannabis pursuant to certain types of cultivators licenses issued pursuant to the Medical and Adult-Use Cannabis Regulation and Safety Act and the Act, or commercial cultivation of industrial hemp, is a compatible use on land under a Williamson Act contract, and would prohibit the exclusion of land occupied by the cultivation of cannabis or the cultivation of industrial hemp pursuant to these provisions from an agricultural preserve by reason of that use. hemp pursuant to specified law, constitutes an agricultural or compatible use on contracted or noncontracted lands within an agricultural preserve. The bill would state these provisions are declaratory of existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 51231 of the Government Code is amended to read:

51231.
 (a) For the purposes of this chapter, the board or council, by resolution, shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing, and processing requests to establish agricultural preserves. Rules related to compatible uses shall be consistent with the provisions of Section 51238.1. Those rules shall be applied uniformly throughout the preserve. The board or council may require the payment of a reasonable application fee. The same procedure that is required to establish an agricultural preserve shall be used to disestablish or to enlarge or diminish the size of an agricultural preserve. In adopting rules related to compatible uses, the board or council may enumerate those uses, including agricultural laborer housing which housing, that are to be considered to be compatible uses on contracted lands separately from those uses which that are to be considered to be compatible uses on lands not under contract within the agricultural preserve.
(b) The rules adopted pursuant to this section may provide that commercial cultivation of cannabis in accordance with Division 10 (commencing with Section 26000) of the Business and Professions Code, or commercial cultivation of industrial hemp in accordance with Division 24 (commencing with Section 81000) of the Food and Agriculture Code, either alone or in conjunction with other uses consistent with this chapter, constitutes an agricultural or compatible use on contracted or noncontracted lands.

SEC. 2.

 The addition of subdivision (b) to Section 51231 of the Government Code by this act does not constitute a change in, but is declaratory of, existing law.
SECTION 1.Section 51238 of the Government Code is amended to read:
51238.

(a)Notwithstanding any determination of compatible uses by the county or city pursuant to this article, unless the board or council after notice and hearing makes a finding to the contrary, the following shall be compatible uses within any agricultural preserve:

(1)(A)The erection, construction, alteration, or maintenance of gas, electric, water, communication, or agricultural laborer housing facilities.

(B)Land occupied by gas, electric, water, communication, or agricultural laborer housing facilities shall not be excluded from an agricultural preserve by reason of that use.

(2)(A)The cultivation of cannabis pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, or Type 5B cultivator license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).

(B)Land occupied by the cultivation of cannabis pursuant to subparagraph (A) shall not be excluded from an agricultural preserve by reason of that use.

(3)(A)The cultivation industrial hemp in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code.

(B)Land occupied by the cultivation of industrial hemp pursuant to subparagraph (A) shall not be excluded from an agricultural preserve by reason of that use.

(b)The board of supervisors may impose conditions on lands or land uses to be placed within preserves to permit and encourage compatible uses in conformity with Section 51238.1, particularly public outdoor recreational uses.