Friday Review of California Bills and Laws
California Farm Bureau Federation 3/21/08
(This
weeks Friday Review contains information on AB 2860 (Williamson
Act), AB 2881 (right-to-farm), AB 1992 (local government
associations, SB 1285 and SB 1323 (adequacy of land appraisals for
conservation purposes).
A bill to allow federally recognized Indian tribes to ignore
Williamson Act contracts on land that the tribe has purchased has
been introduced by Assemblymember Tony Mendoza (D-Artesia). A
casino-owning tribe in Santa Ynez (Santa Barbara County) is
sponsoring the bill, AB 2860. According to the author’s office,
the tribe wants to build a “museum and cultural center” on six
acres of Williamson Act land that they’ve acquired and they don’t
want to wait for nonrenewal or ask for cancellation. It is unclear
whether or not the six acres is adjacent to their casino.
Farm Bureau is opposed to AB 2860 as it would open the door to the
widespread loss of agricultural land as cash-rich tribes expand
their real estate holdings without regard for the land’s
agricultural preserve status. California and 54 of its counties
have made significant public trust investments in the conservation
of agricultural land through their participation in the Williamson
Act contracts. Farm Bureau has fought to protect the integrity of
Williamson Act contracts from the very inception of the law in
1965. We firmly believe in the sanctity of agricultural preserves
and Williamson Act contracts. AB 2860 is set for hearing in the
Assembly Agriculture Committee on April 2nd.
Assembly member Lois Wolk (D-Davis) wants to strengthen the
state’s right-to-farm law by requiring mandatory real estate
disclosure in agricultural areas as well as the payment of
attorney’s fees and court costs for prevailing defendants in
right-to-farm lawsuits. Farm Bureau is in strong support of Ms.
Wolk’s AB 2881 that has been referred to the Assembly Judiciary
Committee and the hearing date has not been set. California’s
right-to-farm law has tried to protect farm and ranch operations
from nuisance claims for nearly a quarter of a century. The public
interest in protecting our farming enterprises, while well
established, is not always effectively enforced. We believe that a
significant part of the problem relates to ignorance of the law
and more widespread real estate disclosure will help inform
residents and purchasers of the uses by-right in agricultural
zones, thus protecting agricultural land uses from incompatible
non-farming uses.
Assembly member Chuck DeVore (R-Irvine) is taking on local
government associations that appear to be using taxpayer funds to
finance their campaign again Proposition 98. His AB 1992 would
prohibit taxpayer-financed organizations from funding political
activities with taxpayer dollars and would provide increased
transparency by forcing these organizations to form political
action committees so that contributions can be adequately
disclosed.
Farm Bureau recently become aware of a highly suspect technique
employed by local government associations whereby so-called
“non-public funds” accounts are used to engage in political
campaigns in favor of, or in opposition to, statewide ballot
measures. The amount of money that is essentially laundered
through these accounts is staggering and taxpayers have no way of
knowing whether it is their money or not. Even if the actual
dollars are not the proceeds of taxes, the money is being raised
on association employees, on association time with association
computers, phones, and email accounts, the result is the same:
taxpayer money is being spent to finance political campaigns.
Congressman John Campbell has also filed a complaint with the
California Fair Political Practices Commission and it has agreed
to investigate. AB 1992 will be heard in the Assembly Elections
and Redistricting Committee on March 25th. CFBF is in support
In response to a Legislative Analyst’s Office (LAO) report
entitled Improving the Appraisal Function in Resource Land
Acquisitions, Senator Ellen Corbett (D-San Leandro) and Senator
Dave Cogdill (R-Modesto) have introduced bills to address the
adequacy of appraisals when land is purchased by the state for
conservation purposes. Each bill would implement a portion of the
LAO’s recommendations. SB 1285 (Corbett) would create uniform
standards with respect to the acquisition of conservation for all
state resources agencies. These standards would serve as the basis
for state-funded resource acquisitions, regardless of the type of
acquisition (grant or direct purchase), or the resource agency
funding the acquisition. Second Senator Cogdill’s SB 1323 would
implement another of the LAO’s recommendations by requiring the
Department of General Services to conduct, or contract with an
independent appraiser to conduct, an independent appraisal of any
land proposed to be acquired for resources conservation purposes.
Although Farm Bureau has not yet taken a position on these
measures, we are concerned about the misuse of taxpayers’ dollars
in resource land acquisitions. Whether it’s for a conservation
easement or acquisition in fee, there needs to be greater
oversight as to how these limited funds are being spent. SB 1285
will be heard in the Senate Natural Resources and Water Committee
on March 25th and SB 1323 has not yet been set for hearing. |