California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 618 — Local government: solar-use easement.

Last action — Chaptered by Secretary of State. Chapter 596, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 12 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the Williamson Act, authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law authorizes the parties to a Williamson Act contract to mutually agree to rescind a contract under the act in order to simultaneously enter into an open-space easement for a certain period of years. This bill would authorize the parties to a Williamson Act contract, after approval by the Department of Conservation, in consultation with the Department of Food and Agriculture, to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement that would require that the land be used for solar photovoltaic facilities for a term no less than 20 years, except as specified. The bill would require the city or county to charge the property owner a rescission fee based upon the fair market value of the property at the time of the rescission, as specified. This bill would require a city or county to include certain, and authorizes a city or county to include other, restrictions, conditions, or covenants in the deed or instrument granting a solar-use easement. This bill would provide that a solar-use easement would be automatically renewed annually, unless either party filed a notice of nonrenewal. This bill would provide that a solar-use easement may only be extinguished on all or a portion of the parcel by nonrenewal, termination, or by returning the land to its previous contract under the Williamson Act. This bill would require that if the landowner extinguishes the contract either by filing a notice of nonrenewal or by terminating the solar-use easement, the landowner shall restore the property to the conditions that existed before the easement by the time the easement terminates. This bill would authorize a landowner to terminate a solar-use easement by complying with certain procedures, and paying a termination fee based upon the termination value of the property, as determined by the county assessor. This bill would provide that specified parties may bring an action to enforce the easement if it is violated. (2) Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. This bill would also require the county assessor to consider, when valuing real property for property taxation purposes, solar-use easements. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. (3) The Natural Community Conservation Planning Act defines "covered species" for purposes of the act to mean those species, both listed and nonlisted pursuant to the California Endangered Species Act conserved and managed under an approved natural community conservation plan and that may be authorized for take. The act further authorizes the department to, prior to approval of a conservation plan, authorize by permit the taking of any covered species whose conservation and management is provided for in a natural community conservation plan approved by the department. This bill would revise the definition of "covered species" to include fully protected species, as specified, and would make conforming changes. The bill would also include specified fully protected species in the species authorized to be taken prior to the approval of a conservation plan. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 596, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 1. Page 2486.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3229.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 0.) (September 9).

  9. Joint Rule 62(a) file notice suspended. (Page 3180.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  11. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  12. Ordered to third reading.

  13. Read third time and amended. (Ayes 51. Noes 26. Page 2863.)

  14. Assembly Rule 69 suspended. (Ayes 48. Noes 27. Page 2806.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

  18. Set, first hearing. Referred to APPR. suspense file.

  19. Read second time and amended. Re-referred to Com. on APPR.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 29).

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI.

  22. From committee: Do pass and re-refer to Com. on AGRI. (Ayes 9. Noes 0.) (June 22). Re-referred to Com. on AGRI.

  23. Re-referred to Coms. on L. GOV. and AGRI.

  24. Referred to Coms. on AGRI. and L. GOV.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 39. Noes 0. Page 1283.) Ordered to the Assembly.

  27. Ordered to special consent calendar.

  28. Read second time. Ordered to third reading.

  29. From committee: Do pass. (Ayes 8. Noes 0. Page 1120.) (May 26).

  30. Set for hearing May 26.

  31. Placed on APPR. suspense file.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  33. Set for hearing May 16.

  34. Read second time and amended. Re-referred to Com. on APPR.

  35. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 762.) (April 27).

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  37. Set for hearing April 27.

  38. Referred to Coms. on GOV. & F. and APPR.

  39. From printer. May be acted upon on or after March 22.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Wolk

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE SB618 Wolk Concurrence

Passed 35 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33103
Democratic 2000
Republican 0001
Total 35104
% of votes cast 88%3%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Huff — Yea
Lieu — Yea
Wyland — Not Voting
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Cannella — Yea
Corbett — Yea
Harman — Yea
Correa — Yea
Anderson — Nay
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Alquist — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Price — Not Voting
Vargas — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 618 Wolk Senate Third Reading By PÉREZ, V.M.

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Hall — Yea
Eng — Yea
Furutani — Yea
Garrick — Yea
Butler — Yea
Campos — Yea
Halderman — Yea
Harkey — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Atkins — Yea
Huffman — Yea
Carter — Yea
Knight — Yea
Cedillo — Yea
Portantino — Yea
Logue — Yea
Mendoza — Yea
Chesbro — Yea
Allen — Yea
Olsen — Yea
Pan — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Beall — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Hayashi — Yea
Lara — Yea
Monning — Yea
Morrell — Not Voting
Nestande — Yea
Nielsen — Yea
Norby — Yea
Skinner — Not Voting
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Hueso — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Perea — Yea
Valadao — Yea
Wieckowski — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Republican 0001
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Halderman — Yea
Chesbro — Yea
Huffman — Yea
Dickinson — Yea
Monning — Not Voting
Skinner — Not Voting
Brownley — Yea
Knight — Yea
Grove, Shannon Republican Not Voting

Official roll call →

SB 618 Wolk Senate Third Reading By PÉREZ, V.M. Motion to Suspend the Rules

Passed 48 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 472505
Republican 0200
Democratic 1000
Total 482705
% of votes cast 60%34%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Nay
Carter — Yea
Alejo — Yea
Fong — Yea
Fuentes — Yea
Allen — Yea
Furutani — Yea
Garrick — Nay
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Campos — Yea
Hagman — Nay
Atkins — Yea
Harkey — Nay
Hayashi — Yea
Cedillo — Yea
Hill — Yea
Fletcher — Nay
Hueso — Yea
Huffman — Yea
Bonilla — Not Voting
Ammiano — Yea
Block — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Hall — Not Voting
Achadjian — Nay
Beall — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Davis — Not Voting
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 618 Wolk Senate Third Reading By PÉREZ, V.M. Amend By PÉREZ, V.M. Set #1

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 502403
Republican 0200
Democratic 1000
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Yamada — Yea
Feuer — Yea
Butler — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Nay
Fong — Yea
Allen — Yea
Hagman — Nay
Halderman — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Nay
Hayashi — Yea
Campos — Yea
Huber — Yea
Atkins — Yea
Hueso — Yea
Huffman — Yea
Logue — Nay
Ammiano — Yea
Beall — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Dickinson — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Smyth — Nay
Solorio — Yea
Swanson — Yea
Valadao — Nay
Wagner — Nay
Williams — Yea
Fletcher — Nay
Bonilla — Not Voting
Gorell — Not Voting
Jeffries — Nay
Davis — Not Voting
Donnelly — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Nielsen — Nay
Perea — Yea
Silva — Nay
Torres — Yea
Wieckowski — Yea
Eng — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Gatto — Yea
Hill — Yea
Mitchell — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Norby — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #4

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Evans — Yea
Runner — Not Voting
Dutton — Yea
Hancock — Yea
Harman — Yea
Blakeslee — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Pavley — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Runner — Yea
Alquist — Yea
Price — Yea
Walters — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Emmerson — Yea

Official roll call →

Subjects

taxation environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 618 do?
(1) Existing law, the Williamson Act, authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law authorizes the parties to a Williamson Act contract to mutually agree to rescind a contract under the act in order to simultaneously enter into an open-space easement for a certain period of years. This bill would authorize the parties to a Williamson Act contract, after approval by the Department of Conservation, in consultation with the Department of Food and Agriculture, to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement that would require that the land be used for solar photovoltaic facilities for a term no less than 20 years, except as specified. The bill would require the city or county to charge the property owner a rescission fee based upon the fair market value of the property at the time of the rescission, as specified. This bill would require a city or county to include certain, and authorizes a city or county to include other, restrictions, conditions, or covenants in the deed or instrument granting a solar-use easement. This bill would provide that a solar-use easement would be automatically renewed annually, unless either party filed a notice of nonrenewal. This bill would provide that a solar-use easement may only be extinguished on all or a portion of the parcel by nonrenewal, termination, or by returning the land to its previous contract under the Williamson Act. This bill would require that if the landowner extinguishes the contract either by filing a notice of nonrenewal or by terminating the solar-use easement, the landowner shall restore the property to the conditions that existed before the easement by the time the easement terminates. This bill would authorize a landowner to terminate a solar-use easement by complying with certain procedures, and paying a termination fee based upon the termination value of the property, as determined by the county assessor. This bill would provide that specified parties may bring an action to enforce the easement if it is violated. (2) Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. This bill would also require the county assessor to consider, when valuing real property for property taxation purposes, solar-use easements. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. (3) The Natural Community Conservation Planning Act defines "covered species" for purposes of the act to mean those species, both listed and nonlisted pursuant to the California Endangered Species Act conserved and managed under an approved natural community conservation plan and that may be authorized for take. The act further authorizes the department to, prior to approval of a conservation plan, authorize by permit the taking of any covered species whose conservation and management is provided for in a natural community conservation plan approved by the department. This bill would revise the definition of "covered species" to include fully protected species, as specified, and would make conforming changes. The bill would also include specified fully protected species in the species authorized to be taken prior to the approval of a conservation plan. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors SB 618?
SB 618 is sponsored by Alejo, Galgiani, Wolk, and Pérez, Sasha Renée (Democratic).
What is the current status of SB 618?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 618?
Track SB 618 free on One Click Politics — get push/email alerts when it moves.

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