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q.A -►`3 Legislative Bill Action ................................ ............................... contiguous pattern of growth. For every acre of "important cropland" zoned, rezoned or prezoned in this manner, the city or county would be re- quired preserve four acres of "important cropland" elsewhere and commit the permanently preserved land to agricultural production. overturn the 1993 4th California Appellate decision of Centex Real Estate Coro. v. City of Vailefo where the court upheld the right of the city to impose a tax on development, and distinguished that that from a fee, which must meet statutory ' nexus requirements. Cities and counties would face similar restric- tions when considering tentative or parcel maps that facilitate the nonagricultural use of "important cropland." Approval of these maps would be required to meet essentially the same conditions outlined above, except that every acre of'impor- tant cropland" set aside by the local agency in this case would only demand that local governments surrender local land use authority on a one- to-one basis. The League opposes SB 898 because the bill flagrantly preempts local land use authority, and fails to recognize the role that local agency forma- tion commissions, the Williamson Act, and other laws already protect farmland. In addition, the measure compounds the conflicting messages local governments are already receiving from the state. While SB 898 is designed to make it more difficult to grow on important cropland, existing law simultaneously requires that local governments zone for an additional 220,000 housing units per year. Communities that embrace agricultural preservation under this bill could easily be ac- cused of being anti- housing at the same time. If nothing else, SB 898 is clear evidence that the state lacks a comprehensive game plan for handling the significant growth it anticipates in the future. Staff: Dan Carrigg, Status: Senate Local Govemment Committee; Hrg. 517, Position: Oppose. SB 293 (Brulte). Development: Fees. SB 293 would prevent local agencies from imposing a monetary charge or exaction on development or construction activities for the purpose of raising in genbral fund revenue. This bill is intended to limit local ability to levy a "tax" on development activi- ties, unless the tax has a nexus with the impacts of the construction. This measure is an effort to Specific exceptions to this provision are outlined, in the bill as amended April 28, 2003. Finally, SB 293 would prohibit local agencies from denying development or construction activities based on the applicant's refusal to agree to the imposition or to participate in the formation of, or annexation to a community facilities district. This bill is intended to limit local authority to levy taxes on construction activity. Limiting these local options — combined with the existing consti- tutional limitation on local government revenues and the constant threat of additional state takeaways — will only compound the difficulties faced by local governments as they struggle to find mechanisms to meet local service demands. This legislation should be reviewed carefully by city attorneys and finance officers for its limitations on focal revenue raising authority. Staff: Dan Carigg, Status: Senate Local Govemment Com- mittee; Hrg. 5/7, Position: Oppose. AB 1347 (Maze). Development Agreements. Existing law allows cities and counties to enter into development agreements, and to recover the direct costs associated with adopting a resolution or ordinance to establish procedures and require- ments for the consideration of development agreements. AB 1347 would require that fees imposed by a city of county for this purpose be deposited in a specific fund for which transactions would be made public annually. The League is seeking comments from cities about whether modifications to existing law included in AB 1347 are appropriate. Staff: Dan Carigg, Status: Assembly Local Government Committee; Hrg. 5/7, Position: Review and Comment. Visit the League's Official Web Site• - www.cacities.org PRIORITY FOCUS/PAGE 13