BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 792|
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UNFINISHED BUSINESS
Bill No: SB 792
Author: Leno (D)
Amended: 8/25/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 10-0, 4/28/09
AYES: Pavley, Cogdill, Benoit, Huff, Kehoe, Leno, Padilla,
Simitian, Wiggins, Wolk
NO VOTE RECORDED: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-2, 6/2/09
AYES: Aanestad, Alquist, Benoit, Calderon, Cedillo,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Florez, Harman, Hollingsworth, Huff,
Kehoe, Leno, Lowenthal, Maldonado, Negrete McLeod,
Oropeza, Padilla, Romero, Runner, Simitian, Steinberg,
Strickland, Walters, Wiggins, Wolk, Wright, Wyland
NOES: Ashburn, Yee
NO VOTE RECORDED: Hancock, Liu, Pavley, Vacancy
ASSEMBLY FLOOR : 69-1, 9/9/09 - See last page for vote
SUBJECT : Tidelands and submerged lands: City and County
of
San Francisco: Hunters Point Naval Shipyard
and
Candlestick Point
SOURCE : Author
CONTINUED
SB 792
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2
DIGEST : This bill repeals and readopts, with certain
revisions, the Hunters Point Shipyard Conversion Act of
2002 (AB 2964 [Shelley], Chapter 464,Statutes of 2002), the
Hunters Point Shipyard Public Trust Exchange Act (AB 768
[Leno], Chapter 435, Statutes of 2003), and Section 5006.8
of the Public Resources Code (relating to land exchanges at
Candlestick Point).
Assembly Amendments provide that upon the termination of
the redevelopment plan for the project area, consisting of
the former shipyard, the Hunters Point submerged lands, and
Candlestick Point, or by January 1, 2050, whichever is
earlier, the agency shall transfer any trust lands in which
it holds fee title to the city, unless the commission
approves a later date.
ANALYSIS : Existing law grants to the City and County of
San Francisco the right, title, and interest of the State
of California in and to certain tidelands and submerged
lands in trust for certain purposes. The State Lands
Commission has jurisdiction over tidelands and submerged
lands of the state.
The Hunters Point Shipyard Conversion Act of 2002 granted
to, and vested in, the San Francisco Redevelopment Agency,
all of the state's right, title, and interest in the
Hunters Point trust lands, and, upon conveyance by the
federal government to the agency, in appurtenances located
on Hunters Point submerged lands, subject to the public
trust and the terms and conditions of the act. The Hunters
Point Shipyard Public Trust Exchange Act approved an
exchange of public trust lands within the Hunters Point
Shipyard, whereby certain trust lands that meet specified
criteria and are not useful for public trust purposes are
freed from the public trust and may be conveyed into
private ownership, and certain other lands that are not
public trust lands and that are useful for public trust
purposes are made subject to the public trust. Existing
law authorizes the Director of Parks and Recreation to
enter into agreements concerning the development of a
project in the City and County of San Francisco and partly
within the Candlestick Point State Recreation Area.
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The bill repeals and readopts, with certain revisions, the
Hunters Point Shipyard Conversion Act of 2002 (AB 2964
[Shelley], Chapter 464, Statutes of 2002), the Hunters
Point Shipyard Public Trust Exchange Act (AB 768 [Leno],
Chapter 435, Statutes of 2003), and Section 5006.8 of the
Public Resources Code (relating to land exchanges at
Candlestick Point). Specifically, this bill:
1.Authorizes a public trust land exchange and boundary
settlement within the San Francisco Redevelopment
Agency's (SFRDA) project area, according to a diagram,
subject to the approval of the State Lands Commission
(SLC) and certain specified conditions.
2.Requires SFRDA, upon the expiration of the redevelopment
plan or January 1, 2050, whichever is earlier, to
transfer any trust lands to the City and County of San
Francisco (City) at which point the City would become
sole grantee of the trust lands unless SLC grants an
extension of the transfer deadline.
3.Provides SFRDA holds the public trust lands in trust for
the benefit of all the people of the state for purposes
of commerce, navigation, and fisheries, and other public
trust purposes, with those public trust lands no longer
subject to the Burton Act trust.
4.Authorizes the Director of the Department of Parks and
Recreation (DPR) to convey certain portions of the
Candlestick Point State Recreation Area (SRA) in exchange
for certain other lands, consistent with a diagram,
provided the state receives consideration having a value
that equals or exceeds the greater of either the fair
market value of the state property conveyed or
$40,000,000, the exchange provides an overall benefit to
the state recreation area, and the exchange meets certain
specified conditions.
5.Establishes the procedural requirements applicable to the
park land exchange.
6.Allows certain requirements necessary for the issuance of
a San Francisco Bay Conservation and Development
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Commission (BCDC) permit to be deemed satisfied if the
SFRDA submits specified paperwork.
7.Includes legislative findings that the land conveyed to
the city pursuant to the 1958 Act, Chapter 2 of the
Statutes of 1958 of the First Extraordinary Session, have
been cut off from water access, are relatively small in
area, have been filled and reclaimed as part of a highly
beneficial program of harbor development, and are no
longer useful for public trust purposes; the lands
conveyed pursuant to the 1958 Act are free from the
public trust; and the redevelopment project will further
the important statewide interests in redevelopment, the
elimination of blight, and the provision of affordable
housing opportunities. This bill repeals Section 3 of
Chapter 2 of the Statutes of 1958, First Extraordinary
Session, which allowed SLC to transfer certain salt marsh
and tide and submerged lands to the City for uses of
general statewide interest, and authorizes the Executive
Officer of SLC to cooperate with SFRDA in the removal of
restrictions or other encumbrances on title imposed
pursuant to that section to facilitate disposition of
lands in the project area in furtherance of the project.
The bill provides that the Legislature finds that the lands
conveyed to the city pursuant to the 1958 Act have been cut
off from water access, are relatively small in area, have
been filled and reclaimed as part of a highly beneficial
program of harbor development, and are no longer useful for
public trust purposes. The Legislature further finds and
confirms that the lands conveyed pursuant to the 1958 Act
are free from the public trust.
The bill includes a legislative finding that the
redevelopment project will further the important statewide
interests in redevelopment, the elimination of blight, and
the provision of affordable housing opportunities. The
bill repeals Section 3 of Chapter 2 of the Statutes of
1958, First Extraordinary Session, and authorizes the
Executive Officer of the State Lands Commission to
cooperate with the Redevelopment Agency in the removal of
restrictions or other encumbrances on title imposed
pursuant to that Section, in order to facilitate
disposition of lands in the project area in furtherance of
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the project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 9/10/09)
African American Revitalization Consortium
Alice Griffith Tenants Association
BART
Bay Area Council
Bayview Hunters Point Multipurpose Senior Services, Inc.
Bayview Merchants' Association
City and County of San Francisco
Honorable Gavin Newsom, Mayor of the City and County of San
Francisco
Honorable Sophie Maxwell, Supervisor - District 10, City
and County of San Francisco
Hunters Point Shipyard Citizens Advisory Committee
Renaissance Entrepreneurship Center
Renaissance Entrepreneurship Center
San Francisco Board of Supervisors, Sophie Maxwell
San Francisco Branch NAACP
San Francisco Building and Construction and Trades Council
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Francisco Labor Council
San Francisco Organizing Project
TidesCenter
ARGUMENTS IN SUPPORT : According to the author's office,
the existing configuration of trust and nontrust lands
within the project area is such that the purposes of the
public trust cannot be fully realized. A substantial
portion of the trust lands are now interior, reclaimed
lands from the Bay that are no longer accessible to
navigable waters, or are "paper streets" laid out in a grid
pattern that is not useful for public trust purposes.
Conversely, other lands within the project area are
adjacent to the waterfront and would have high value as
public trust lands, except they are not subject to the
public trust. The proposed exchange is intended to
maximize overall benefits to the trust. After the
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exchange, the entire waterfront within the former shipyard
and at Candlestick Point, as well as certain interior lands
that have high public trust values, will be subject to the
public trust. The Senate Natural, Resources and Water
Committee has received letters of support from local
elected officials, labor organizations, housing groups, the
Bay Area Council, BART, and others.
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Brownley, Buchanan,
Charles Calderon, Carter, Conway, Cook, Coto, 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, Krekorian, Lieu, Logue, Ma, Miller,
Monning, Nava, Nestande, Niello, Nielsen, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NOES: Ammiano
NO VOTE RECORDED: Blumenfield, Caballero, Chesbro, Davis,
Duvall, Bonnie Lowenthal, Mendoza, John A. Perez, Yamada,
Vacancy
RJG:do 9/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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