BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1488
                                                                  Page  1

          Date of Hearing:  June 21, 2010

                                Wesley Chesbro, Chair
                SB 1488 (Committee on Natural Resources & Water) - As  
                             Introduced:  March 9, 2010

           SENATE VOTE  :  33-0
          SUBJECT  :  State lands:  tidelands and submerged lands

           SUMMARY  :  Specifically excludes Brown's Island from the public  
          trust lands granted to the City of Pittsburg (City) and requires  
          the California State Lands Commission (SLC) to conduct a survey  
          of the City's public trust lands by January 1, 2013 and  
          establishes that the Land Bank Fund may be used to create access  
          to public trust lands in addition to the land's management and  

           EXISTING LAW  :

          1)Establishes legislative grants of tidelands and submerged  
            public trust lands, subject to specified conditions, to the  
            City for purposes of commerce, navigation, fisheries,  
            preservation of lands in their natural state for scientific  
            study, open space, wildlife habitat, and recreational and  
            visitor-oriented uses.

          2)Establishes the Kapiloff Land Bank Act of 1982 which  
            facilitates settlements of title to real property with cash  
            payments.  The State holds and administers the acquired lands  
            as sovereign tidelands, submerged lands, and navigable  

          3)Establishes the SLC as the trustee of the Land Bank Fund  
            (LBF), created pursuant to the Kapiloff Land Bank Act, which  
            may receive funds from settlements used to purchase specific  
            LBF parcels as well as from applicants wishing to complete  
            projects that provide for the management and improvement of  
            real property held by the SLC to provide open space, habitat  
            and public access. 

          4)Establishes that the LBF may be used by SLC to purchase tidal  
            and submerged lands, lands which have been or may be converted  
            to wetlands or adjoining or nearby lands where the public use  


                                                                  SB 1488
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            and ownership of the land is necessary or extremely beneficial  
            for the promotion of public trust purposes.

          5)Requires the City to establish its water boundaries and to  
            file a survey of the revenue and spending from the  
            administration of the lands with the SLC on a yearly basis.  

           THIS BILL  :

          6)Provides that Brown's Island is not included within the lands  
            granted in trust to the City.

          7)Requires the SLC to conduct a survey of lands granted in trust  
            in 2006 to the City to be completed and recorded by January 1,  
            2013, and that the survey be the financial responsibility of  
            the City.

          8)Authorizes the expenditure of revenues for projects that  
            provide access to the City's public trust lands in addition to  
            its management and improvement.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

          AB 2324 (Canciamilla), Chapter 275, Statutes of 2006, granted  
          lands to the City to be held in public trust.  These lands were  
          to include tidal and submerged land on the condition, among  
          others, that the City be responsible for drawing its water  
          boundaries.  The City has not completed this task.  This bill  
          requires the SLC to complete a survey to determine the physical  
          boundaries of the public land grant.  The survey will be paid  
          for by the City.  Since Brown's Island is already within the  
          jurisdiction of the Port of Stockton and East Bay Regional Parks  
          District, this bill will provide that it will be excluded from  
          the lands held in public trust by the City.

          The LBF funds are currently managed by the SLC.  These funds are  
          donated and can only be used for specific purposes for the  
          management and the improvement of public trust lands.  This bill  
          would expand the scope of these funds to include the creation of  
          public access to the lands.  Possible examples of public access  
          include wheelchair ramps, paths, roads, and stairs.  Currently,  
          LBF spending is strictly limited to public trust lands, which  
          the SLC feels is ambiguous in terms of access to public lands.   


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          Including this bill's public access clause will clarify this  
          ambiguity by allowing construction projects that join non-public  
          trust areas to public trust areas.  


          California State Lands Commission
          City of Pittsburg

          None on file

           Analysis Prepared by  :  Jessica Westbrook / NAT. RES. / (916)