BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2179|
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                                 THIRD READING


          Bill No:  AB 2179
          Author:   Monning (D)
          Amended:  3/18/10 in Assembly
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE :  7-0, 6/9/10
          AYES:  Pavley, Cogdill, Huff, Kehoe, Lowenthal, Padilla,  
            Wolk
          NO VOTE RECORDED:  Hollingsworth, Simitian

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  76-0, 5/13/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Tidelands and submerged lands:  Cities of Santa  
          Cruz 
                      Long Beach

           SOURCE  :     State Lands Commission


           DIGEST  :    This bill grants to the Cities of Santa Cruz and  
          Long Beach all rights, title, and interest of the state in  
          certain public trust lands.

           ANALYSIS  :    

           Existing law
           
          1. Vests within the State Lands Commission (Commission)  
                                                           CONTINUED





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             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 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  







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             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.

           Background
           
          The State Lands Commission has exclusive jurisdiction over  
          the state's right, title and interest in its sovereign  
          public trust lands.  These include filled and unfilled tide  
          and other submerged lands as well as the beds of navigable  
          rivers, lakes and streams.  The Legislature may grant the  
          state's administrative authority to manage these lands to  
          local agencies, subject to the public trust and on-going  
          oversight by the SLC, for specific uses of statewide  
          benefit.  The public trust is a set of guiding principles  
          that direct the state to hold its title to public trust  
          lands in a manner to protect the public's interest in  
          activities that are typically water-dependent or related.  
          While continually evolving to meet changing public needs,  
          these activities include navigation, commerce, fishing,  
          recreation and environmental protection, among others.  The  
          Legislature has made grants of public trust lands to over  
          80 cities, counties and harbor districts since the state's  
          inception.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/28/10)

          State Lands Commission (source)







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          Cities of Santa Cruz and Long Beach


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Smyth, Solorio, Audra Strickland,  
            Swanson, Torlakson, Torres, Torrico, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED:  Caballero, Norby, Skinner, Vacancy


          CTW:do  6/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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