BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1488
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                                Felipe Fuentes, Chair

               SB 1488 (Committee on Natural Resources and Water) - As  
                             Introduced:  March 9, 2010 

          Policy Committee:                              Natural  

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


          This bill addresses two distinct issues of concern to the State  
          Lands Commission (SLC).  Specifically, this bill:

          1)Specifies that Brown's Island is not included within the lands  
            granted in trust to the City of Pittsburgh and requires SLC,  
            by January 1, 2013, to conduct a survey of lands granted in  
            trust in 2006 to the city.

          2)Allows money in the Land Bank Fund to be used to create access  
            to public trust lands.

           FISCAL EFFECT  

          1)Negligible state costs, if any, to conduct the survey required  
            by this bill. The bill specifies, consistent with existing  
            law, that the City of Pittsburgh is to pay the costs of the  

          2)Potential cost pressure of an unknown amount to the extent  
            expenditures from the Land Bank Fund to create public access  
            to public trust land crowd out expenditures from that fund for  
            management and improvement of such land. 


           1)Rationale  .  The author intends this bill ensure that the  
            boundaries of public trust land granted to the City of  
            Pittsburgh are identified and reported to SLC.  The author  
            also intends to exclude Brown's Island from the grant to the  


                                                                  SB 1488
                                                                  Page  2

            city because the island is within the jurisdiction of the Port  
            of Stockton and East Bay Regional Parks District.  Finally,  
            the author seeks to allow Land Bank Fund monies be used to  
            create public access to public trust lands, a use the author  
            describes as in keeping with the intent of the law.

           2)Background  .  

              a)   SLC Granted Public Trust Lands to Pittsburgh  .  AB 2324,  
               Canciamilla (Chapter 275, Statutes of 2006) granted lands  
               to the City of Pittsburgh 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 water boundaries of the granted lands.  To date,  
               the city has not drawn these boundaries.  

               Among the lands granted to the city was Brown's Island.   
               This island, however, was and remains within the  
               jurisdiction of two other public agencies-the Port of  
               Stockton and East Bay Regional Parks District.

              b)   Public Access and Public Trust Lands  .  Land Bank Funds  
               are donated monies managed by the SLC.  Current law limits  
               use of these funds to the management and improvement of  
               public trust lands.  SLC would like to be able to use Land  
               Bank Fund monies for projects on nonpublic trust lands that  
               provide access to public trust lands.  For example, SLC  
               would like to construct wheelchair ramps, paths, roads, and  
               stairs that begin on nonpublic trust roadways and end on  
               public trust lands.    

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081