BILL NUMBER: SB 1488	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 29, 2010
	PASSED THE ASSEMBLY  AUGUST 5, 2010

INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Cogdill, Hollingsworth, Huff, Kehoe, Lowenthal,
Padilla, Simitian, and Wolk)

                        MARCH 9, 2010

   An act to amend Sections 6362 and 8625 of the Public Resources
Code, relating to state lands, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1488, Committee on Natural Resources and Water. State lands:
tidelands and submerged lands.
   (1) Existing law grants to the City of Pittsburg certain tidelands
and submerged lands in trust for purposes of commerce, navigation,
and fisheries, and for other public trust purposes, including
preservation of the lands in their natural state for scientific
study, open space, wildlife habitat, and recreational and
visitor-oriented uses.
   This bill would provide that Brown's Island is not part of that
grant. The bill would require a survey of the trust lands to be
completed and recorded by the State Lands Commission by January 1,
2013.
   (2) The Kapiloff Land Bank Act creates the Land Bank Fund and
continuously appropriates moneys in the fund, subject to a statutory
trust, to the State Lands Commission, acting as the Land Bank
Trustee, to acquire real property or any interest in real property
for the purposes of public trust title settlements. Existing law
authorizes any party to deposit moneys into the fund for purposes of
specified or unspecified projects to provide for management and
improvement of real property held by the trustee to provide open
space, habitat for plants and animals, and public access.
   This bill would authorize funds to be deposited for projects to
provide for access to, as well as management and improvement of, that
real property. By authorizing moneys in the fund to be expended for
a new purpose, the bill would make an appropriation.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6362 of the Public Resources Code is amended to
read:
   6362.  (a) There is hereby granted in trust to the City of
Pittsburg all of the right, title, and interest of the state held by
the state by virtue of its sovereignty in and to all tidelands and
submerged lands, whether filled or unfilled, situated within the
boundaries of the City of Pittsburg as such boundaries exist on
January 1, 2007.
   (b) The trust lands shall be held by the trustee and its
successors in trust for the benefit of all the people of the state
for public trust purposes, as more particularly provided in this
article.
   (c) This trust grant is subject to the following express
conditions:
   (1) The use of the trust lands shall be in conformity with the
public trust and the plan, and shall be without cost to the state.
   (2) The trustee or its successors shall not at any time grant,
convey, give, or otherwise alienate the trust lands, or any part
thereof, to any person, firm, entity, or corporation for any purposes
whatsoever. The trustee may lease the trust lands, or any part
thereof, for limited periods, not exceeding 66 years, for purposes
consistent with the public trust and the plan. The trustee may
collect and retain rents and other trust revenues from those leases,
under rules and regulations adopted by the trustee.
   (3) In the management, conduct, operation, and control of the
trust lands, or any improvement, betterments, or structures thereon,
the trustee or its successors shall make no illegal discrimination in
rates, tolls, or charges for any use or service in connection
herewith, nor shall the trustee discriminate against or unlawfully
segregate any person or group of persons on account of sex, race,
color, creed, national origin, ancestry, or physical handicap for any
use or service in connection herewith.
   (4) The state shall have the right to use, without charge, any
transportation, landing, or storage improvements, betterments, or
structures constructed upon the trust lands for any vessel or other
watercraft or railroad owned or operated by or under contract to the
state.
   (5) The state shall have the right, at any time in the future, to
use the trust lands or any portion thereof for any authorized public
use without compensation to the trustee, its successors or assigns,
or any person, firm, or public or private corporation claiming under
it, except that in the event improvements have been placed with legal
authority upon the property taken by the state, compensation shall
be made to the person entitled thereto for the value of the interest
in the improvements taken or the damages to that interest.
   (6) There is reserved to the people of the state the right to fish
in the waters over the trust lands, with the right to convenient
access to those waters over the trust lands for that purpose.
   (7) There is excepted and reserved to the state all remains or
artifacts of archaeological and historical significance and all
deposit of minerals, including, but not limited to, all substances
specified in Section 6407, in the trust lands, and the right to
prospect for, mine, and remove those deposits from the lands.
   (8) This grant is made subject to the rights of any and all
persons under any title derived from the state or any of its agencies
in or to any part of the trust lands.
   (9) A survey of the trust lands pursuant to Sections 6358 and 6359
shall be completed and recorded by the commission by January 1,
2013. The cost of the survey and recordation shall be paid according
to Sections 6358 and 6359.
   (10) Brown's Island is exempted from this act and is not part of
the grant.
  SEC. 2.  Section 8625 of the Public Resources Code is amended to
read:
   8625.  (a) The consideration passing to the state in title
settlements may consist, in whole or in part, of monetary payments to
the trustee for deposit into the fund that are subject to a
statutory trust limiting their use exclusively to the purchase of
interests in a Land Bank Fund parcel and conveyance of those
interests to the state pursuant to Section 8626 as soon as
practicable thereafter.
   (b) A project applicant may donate moneys for deposit to the fund
for purposes of mitigation with the approval of the agency
responsible for approving the project and the trustee shall accept
the donation if land is held by the trustee for those purposes. A
donation so deposited is subject to a statutory trust limiting its
use exclusively to the identified mitigation.
   (c) Any party may deposit moneys into the fund for purposes of
specified or unspecified projects to provide for access to or
management and improvement of real property held by the trustee to
provide open space, habitat for plants and animals, and public
access.