BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2179
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2179 (Monning) - As Amended:  March 18, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:8-0
                       Local Government                 Vote: 9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill grants to the cities of Santa Cruz and Long Beach all  
          rights, titles and interest of the state in specified public  
          trust lands located within those cities.

           FISCAL EFFECT  

          Negligible costs, if any.

           COMMENTS  

           1)Rationale  .  The two parcels affected by this bill are being  
            managed by both cities pursuant to 49-year lease agreements  
            with the State Lands Commission (SLC), which assures the  
            cities comply with their respective granting statutes and the  
            legal principles under the Public Trust Doctrine.  According  
            to SLC, both Santa Cruz and Long Beach manage public trust  
            lands for the benefit of the people of California pursuant to  
            legislative grants.  However, these grants do not include  
            lands that were acquired through recent land exchanges with  
            SLC.  This bill grants these newly acquired trust lands to  
            their respective cities so that they can be managed locally  
            along with other granted trust lands.

          2)  Background-Public Trust Lands.   The Public Trust Doctrine  
            holds that tide and submerged lands and the beds of lakes,  
            streams, and other navigable waterways are "public trust  
            lands" held by the state for the benefit of the people of  
            California.  These lands are to promote the public's interest  
            in water or water-dependent activities such as commerce,  








                                                                  AB 2179
                                                                  Page  2

            navigation, fisheries, environmental preservation and  
            recreation. The State Lands Commission is the steward of the  
            state's public trust lands. Existing law allows SLC to lease  
            public trust lands, enter into boundary agreements, exchange  
            public trust lands for non-trust lands, and lift the trust  
            from public trust lands. SLC must receive equal value in any  
            such exchange. The Legislature retains the authority to modify  
            uses permitted on public trust lands.

            In keeping with existing law, the cities of Santa Cruz and  
            Long Beach independently gave title to SLC of city land  
            currently useful for the public trust.  In exchange, SLC  
            signed long-term leases with each of the cities specifying  
            that they manage former tidelands held by SLC in a manner  
            keeping with the public trust.   SLC, seeking administrative  
            simplicity, seeks transfer title of the leased lands to each  
            of the cities, who agree to continue to manage the former  
            tidelands in keeping with the public trust, consistent with  
            SLC oversight.

           3)Support  .  This bill is supported by SLC.

           4)There is no registered opposition to this bill.
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081