BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2179
                                                                  Page  1

          Date of Hearing:  April 12, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   AB 2179 (Monning) - As Amended:  March 18, 2010
           
          SUBJECT  :  Tidelands and submerged lands:  Cities of Santa Cruz  
          and Long Beach.

           SUMMARY  :  Grants to the Cities of Santa Cruz and Long Beach all  
          the right, title, and interest of the state in certain public  
          trust lands.

           EXISTING LAW  : 

          1)Vests within the State Lands Commission (Commission) exclusive  
            jurisdiction over all ungranted tidelands and submerged lands  
            owned by the state, and of the beds of navigable rivers,  
            streams, lakes, bays, estuaries, inlets, and straits,  
            including tidelands and submerged lands or any interest  
            therein.

          2)Grants to various local entities the right, title, and  
            interest of the state in and to certain tidelands and  
            submerged lands in trust for purposes of commerce, navigation,  
            and fisheries, or other public trust purposes.  The Commission  
            monitors granted lands to ensure compliance with the terms and  
            conditions of a statutory grant, the California Constitution,  
            and the Public Trust Doctrine.

          3)Pursuant to Chapter 342, Statutes of 1872, and Chapter 1291,  
            Statutes of 1969, granted to the City of Santa Cruz all the  
            right, title, and interest of the state in certain public  
            trust lands.

          4)Pursuant to Chapter 676, Statutes of 1911, Chapter 102,  
            Statutes of 1925, Chapter 158, Statutes of 1935, and Chapter  
            138, Statutes of 1964, granted to the City of Long Beach all  
            the right, title, and interest of the state in certain public  
            trust lands.

          5)Authorizes the Commission to exchange with any person or  
            entity filled or reclaimed tide and submerged lands subject to  
            the public trust but lacking public trust values for other  
            lands if the exchange improves public trust uses such as  








                                                                  AB 2179
                                                                  Page  2

            navigation, flood control, public access, riparian habitat or  
            open space; provides a significant benefit to the public  
            trust; and the monetary value of the lands received by the  
            trust in exchange is equal to or greater than that of the  
            lands leaving the trust.

          6)In an exchange, requires the Commission to impose the public  
            trust on the lands or interests in lands it acquires.  

          THIS BILL  :

          1)Grants and conveys in trust to the City of Santa Cruz all the  
            right, title, and interest of the state in certain trust lands  
            acquired and held by the state and known as: "Volleyball  
            Parcel," "West Lawn Parcel," and "Trestle Easement."

          2)Grants and conveys in trust to the City of Long Beach all the  
            right, title, and interest of the state in certain trust lands  
            acquired and held by the state and known as: "Southern Parcel"  
            and "Street Parcel."

          3)Requires both cities to hold, operate, and manage, in trust  
            for the benefit of the public statewide, the above public  
            trust lands in accordance with the common law public trust  
            doctrine and the terms, trusts, and conditions set forth in  
            the cities' original grant of public trust lands.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The Legislature has granted public trust lands to 85  
          cities, counties, and harbor districts.  Grantees are required  
          to manage and use these lands consistent with the terms and  
          conditions of their statutory grant, public trust values, and  
          the Constitution subject to the oversight and enforcement of the  
          Commission.

          The Commission is authorized to exchange public trust lands (and  
          free these lands from trust restrictions) for other lands if the  
          trust lands have been filled or reclaimed, cut off from  
          navigation or public access, or no longer serve public trust  
          purposes.  Lands acquired by the state in exchange must, among  
          other things improve public trust uses, provide a significant  
          benefit to the public trust, and be of equivalent or greater  
          monetary value than the lands leaving the trust.









                                                                  AB 2179
                                                                  Page  3

          Newly acquired lands coming into the trust are, by default, held  
          in trust by the Commission despite the fact that, in this case,  
          the lands leaving the trust were granted to the Cities of Santa  
          Cruz and Long Beach.  The parcels acquired by the Commission are  
          being managed by both cities pursuant to 49-year lease  
          agreements with the Commission.

          This bill grants the right, title, and interest of the state in  
          these parcels to both cities.  As trustees, both cities would  
          manage these parcels consistent with the public trust in  
          perpetuity and subject to oversight by the Commission.

          In the City of Santa Cruz, the Commission exchanged 1.6 acres of  
          filled and reclaimed land for parcels providing public access to  
          the Pacific Ocean and San Lorenzo River.  In Long Beach, the  
          Commission exchanged filled tidelands cut off from water for  
          other lands in order to enhance the physical configuration of  
          the city's trust land ownership.  The Commission also received  
          $605,000 since the land exchange was not for equal value.  This  
          money was deposited in the Land Bank Fund to purchase other  
          lands to be put into the trust.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California State Lands Commission

           Opposition 
           
          None on file

           
          Analysis Prepared by  :  Dan Chia / NAT. RES. / (916) 319-2092