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SB-973 Williamson Act: cancellation: solar energy projects.(2023-2024)



Current Version: 01/29/24 - Introduced

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SB973:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 973

Introduced by Senator Grove

January 29, 2024

An act to add Section 51282.7 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 973, as introduced, Grove. Williamson Act: cancellation: solar energy projects.
Existing law, 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 to preserve the land, subject to conditions of the contract, that may include an agreement to a specified valuation of the land for purposes of property taxation. The act authorizes a landowner to petition the city council or board of supervisors, as applicable, for cancellation of the contract under specified circumstances and imposes a cancellation fee equal to 12.5% of the fair market value of the land without the restriction of the contract.
This bill would authorize a board or council to grant a petition for cancellation where the land subject to the contract is located in a basin under the jurisdiction of an adjudicated watermaster or the groundwater sustainability agency. The bill would require the landowner to commit to limiting the amount of water rights to a specific solar energy project, as defined, that uses less water than the agricultural use. The bill would also require the board or council to make specified findings, including that the solar energy project use is being permitted that will use less water than the agricultural use. The bill would prohibit the imposition of a cancellation fee when a contract is canceled pursuant to the bill’s provisions. The bill would require the landowner to execute and record a deed restriction that includes a prohibition on the landowner from entering into a contract pursuant to the act with respect to the land if the landowner is issued a certificate of cancellation pursuant to the bill’s provisions.
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.
This bill would exempt from CEQA the cancellation of a contract pursuant to the above-described authorization.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 51282.7 is added to the Government Code, to read:

51282.7.
 (a) The owner of land located in a basin under the jurisdiction of either an adjudicated watermaster or the groundwater sustainability agency pursuant to Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code may petition the board or council for cancellation of a contract.
(b) Notwithstanding Section 51282, the board or council may grant a petition for cancellation under this section provided both of the following are met:
(1) The landowner provides a written commitment to limit the amount of water rights for the land to a specific solar energy project use that uses less water than the agricultural use.
(2) The board or council makes the following findings:
(A) There will be insufficient permanent water for agricultural use on the land.
(B) A solar energy project use is being permitted that will use less water than the agricultural use.
(C) The cancellation and the waiver of penalty fees benefits the rebalancing of the water basin for sustainability while providing for a water-restricted use of the land.
(c) Section 51283 shall not apply to a contract canceled pursuant to this section and a cancellation fee shall not be imposed.
(d) If the landowner is issued a certificate of cancellation of contract based on this section, the landowner shall execute and record concurrently with the recordation of the certificate of cancellation of contract a deed restriction that includes prohibition on the landowner from entering into a contract pursuant to this chapter with respect to the land.
(e) Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to cancellation of a contract pursuant to this section.
(f) For the purposes of this section, “solar energy project” means a facility that collects and distributes solar energy for the generation of electricity.