20250SB__039095CHP INTRODUCED 2025-02-14 AMENDED_SENATE 2025-04-30 AMENDED_ASSEMBLY 2025-08-20 PASSED_ASSEMBLY 2025-08-28 PASSED_SENATE 2025-09-03 ENROLLED 2025-09-05 CHAPTERED 2025-10-11 APPROVED 2025-10-11 FILED 2025-10-11 2025 SB CHP CHP 0 Introduced by Senator Becker (Coauthor: Senator Wiener) (Coauthors: Assembly Members Berman and Stefani) LEAD_AUTHOR SENATE Becker COAUTHOR SENATE Wiener COAUTHOR ASSEMBLY Berman COAUTHOR ASSEMBLY Stefani

An act to amend

Section 53312.8 of the Government Code, relating to local government. local government Community facilities district: inclusion or annexation of territory: County of San Mateo. Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes the legislative body of a local agency, as defined, to create a community facilities district to finance specified types of services within an area.

Existing law prohibits a territory that is dedicated or restricted to agricultural, open-space, or conservation uses from being included within or annexed to a specified community facilities district without the landowner’s consent. This bill would, notwithstanding those prohibitions, specify that for territory that is located within the regional shoreline of the County of San Mateo, the consent of a landowner is not required, if specified conditions are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.

MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 53312.8 of the Government Code is amended to read: 53312.8. (a)

(1) Territory that is dedicated or restricted to agricultural, open-space, or conservation uses may not be included within or annexed to a community facilities district that provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the landowner consents to the inclusion or annexation of that territory to the community facilities district.

(2) Notwithstanding paragraph (1), the consent of a landowner owning territory that is dedicated or restricted to agricultural, open-space, or conservation uses, and is located within the regional shoreline of the County of San Mateo shall not be required in order to include a territory within or annex a territory to a community facilities district, if, despite the dedication or restriction, the territory meets either of the following conditions: (

A) A parcel in the territory has existing entitlements for development of commercial, residential, or industrial uses. (

B) A parcel in the territory is already developed with commercial, residential, or industrial uses. (

b) Notwithstanding any other law, and except as provided in subdivision (c), if a landowner consents to the inclusion or annexation of territory in a community facilities district pursuant to paragraph (1) of subdivision (a), the landowner and any local agency may not terminate any easement or effect a final cancellation of any contract with respect to any portion of the land included within or annexed to the community facilities district prior to the release of land that is the subject of the proposed termination or cancellation from all liens that arise under the community facilities district for any sewers, nonagricultural water, or streets and roads that did not benefit land uses allowed under the contract or easement. (

c) Subdivision (

b) shall not apply to any of the following:

(1) Land under a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with

Section 51200) of Part of Division 1) included in a community facilities district for which a tentative map may be filed pursuant to paragraph (3) of subdivision (

d) of

Section 66474.4 or for which a tentative cancellation has been approved.

(2) Land subject to a conservation easement entered into prior to January 1, 2003.

(3) Land included in a community facilities district prior to the imposition of an enforceable restriction listed in subdivision (

d) or prior to January 1, 2003.

(4) Land subject to an enforceable restriction listed in subdivision (

d) that expressly waives the requirement of subdivision (b). (

d) As used in this section, “territory that is dedicated or restricted to agricultural, open-space, or conservation uses” means territory that is subject to any of the following:

(1) An open-space easement entered into pursuant to

Chapter 6.5 (commencing with

Section 51050) of Part of Division 1.

(2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with

Section 51070) of Part of Division 1).

(3) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with

Section 51200) of Part of Division 1).

(4) A farmland security zone contract created pursuant to

Article 7 (commencing with

Section 51296) of

Chapter of Part of Division 1, except as otherwise provided in

Section 51296.4.

(5) A conservation easement entered into pursuant to

Chapter 4 (commencing with

Section 815) of Title of Part of Division of the Civil Code.

(6) An agricultural conservation easement entered into pursuant to

Chapter 4 (commencing with

Section 10260) of Division 10.2 of the Public Resources Code.

(7) An agricultural conservation easement entered into pursuant to

Section 51256.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of

Section of

Article IV of the California Constitution because of San Francisco Bay Conservation and Development Commission easements in the County of San Mateo.