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