AB1156 - Williamson Act contracts: cancellation fees: photovoltaic solar facilities.

Enrolled September 04, 2026 Passed IN Senate August 31, 2026 Passed IN Assembly August 31, 2026 Amended IN Senate August 27, 2026 Amended IN Senate September 09, 2025 Amended IN Senate July 22, 2025 Amended IN Assembly May 23, 2025 Amended IN Assembly May 05, 2025 Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1156 Introduced by Assembly Member Wicks February 20, 2025 An act to amend Sections 51283 and 51295 of the Government Code, relating to agricultural lands. LEGISLATIVE COUNSEL'S DIGEST AB 1156, Wicks. Williamson Act contracts: cancellation fees: photovoltaic solar facilities. The California Land Conservation Act of 1965 (act), otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessor’s determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided. This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property. The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits. This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California has set an ambitious path to achieve a zero net carbon economy by 2045. The 2022 State Air Resource Board Scoping Plan calls for California to cut air pollution by 71 percent and reduce fossil fuel consumption by 86 percent. (b) The 100 Percent Clean Energy Act of 2018 (Senate Bill 100, Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program to ensure that by 2030 at least 60 percent of California’s electricity is renewable and for California to provide 100 percent of its retail sales from zero-emission sources by 2045. (c) Central to this effort is the significant acceleration of renewable energy deployment, particularly utility-scale solar, which state planners expect should grow by 45,000 megawatts by 2035, with a total of at least 68,000 megawatts added to the grid by 2045 to meet the state’s decarbonization and reliability goals. (d) Concurrently, the state has established a “30x30” plan to conserve 30 percent of land and water from development. (e) California has similarly adopted a policy to protect and sustainably manage groundwater resources in the state. The Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) mandates that local water management agencies bring groundwater use to sustainable levels by the early 2040s. (f) It is estimated that 1,000,000 acres of farmland in the San Joaquin Valley, alone, are expected to be fallowed by 2040. (g) California farmers may require new revenue tools to maintain water-fallowed areas of their farms; the use of these lands for solar projects is one tool to preserve the state’s farms. (h) There is value in incentivizing solar in least-conflict areas while facilitating achievement of our state’s renewable mandates. (i) In requiring community benefit agreements specifically in conjunction with a Williamson Act nullification or fee waiver, it is not the intent of the Legislature to create a new, universal tool for land use policy. SEC. 2. Section 51283 of the Government Code is amended to read: 51283. (a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12 1 / 2 percent of the cancellation valuation of the property. (c) If it finds that it is in the public interest to do so, the Secretary of the Natural Resources Agency may, upon application by the landowner, waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment, including, but not limited to, contracts canceled pursuant to Section 51297, contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if either of the following occur: (1) The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner. (2) The cancellation meets all of the following: (A) The cancellation is to facilitate a photovoltaic solar facility for the purpose of providing for the collection, storage, and distribution of solar energy for the generation of electricity. (B) The land is located within a basin or subbasin that is in a condition of critical overdraft at the time of submission. (C) The developer of the facility has entered into a community benefit agreement with the local government in whose jurisdiction the facility is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code. (i) The community benefits provided pursuant to this subparagraph shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law. (ii) The community benefits provided pursuant to this subparagraph shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities. (iii) The developer of the photovoltaic solar facility shall engage in meaningful outreach and engagement as follows: (I) Mail a notice to landowners adjacent to the boundary of the proposed solar facility. (II) Circulate a notice in the newspaper of general circulation in the local jurisdiction notifying the public of the proposed solar project, describing the proposed community benefit along with providing the time and location for the public meeting. (III) Conduct a public meeting. The public meeting may be consolidated with another administrative meeting or hearing on the project and shall do both of the following: (ia) Be located within the jurisdiction of the proposed solar facility. (ib) Solicit input on the proposed community benefit agreement. (iv) This subparagraph shall not limit the authority or remedies of a city or county under any other provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (d) (1) The secretary shall approve a completed application for extension for making the payment or a portion of the payment by a landowner when it includes the following: (A) An itemized application checklist. (B) A copy of the local government’s approval of the cancellation. (C) An affidavit that the property is located in a critically overdrafted basin or subbasin. (D) A map showing the property in relation to the critically overdrafted basin or subbasin. (2) The secretary shall extend the time for 10 years for making the payment or a portion of the payment pursuant to this subdivision for an approved cancellation to facilitate a photovoltaic solar facility for the duration of the time remaining on the contract. (3) If, prior to the end of the extension of time, the landowner attests and provides proof to the secretary that a solar project has been constructed on the property, the secretary shall waive any payment or any portion of a payment by a landowner. (4) This subdivision shall remain operative only until January 1, 2037. (e) The first five million dollars ($5,000,000) of revenue paid to the Controller pursuant to subdivision (f) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated by the Legislature, for the support of all of the following: (1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. (2) The soil conservation program identified in Section 614 of the Public Resources Code. (3) Program support costs of this chapter as administered by the Department of Conservation. (4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). (5) The costs to the Department of Conservation for administering Section 51250. (6) When available, after funding the duties of the Department of Conservation pursuant to paragraphs (1) through (5), inclusive, program support costs incurred by the department in carrying out the duties of the department pursuant to Sections 65565 and 66565.1. (f) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (e) of this section and subdivision (b) of Section 51283.1. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. (g) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. SEC. 3. Section 51295 of the Government Code is amended to read: 51295. (a) When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, or when that land is approved for use as a certified solar project, the contract shall be deemed null and void as to the land actually being condemned, acquired, or approved for use as of the date the action is filed or the use is approved, and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed. In the case of approved certified solar projects, the contract shall be deemed null and void only if the developer has entered into a community benefit agreement with the local government in whose jurisdiction the certified solar project is to be located, which agreement shall meet the substantive requirements of Section 25545.10 of the Public Resources Code and the project site is located on land within a basin or subbasin that is in a condition of critical overdraft at the time of certification. (1) The community benefits provided pursuant to this subdivision shall supplement, but not supplant, resources the developer is required to provide pursuant to any other law. (2) The community benefits provided pursuant to this subdivision shall begin to be provided to the local community no later than the start of construction of the solar and appurtenant facilities. (3) The developer of the photovoltaic solar fa [Text truncated for display. Full text available on Congress.gov.]