BILL NUMBER: AB 418	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 14, 2011

   An act relating to tidelands and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 418, as introduced, Ammiano. Tidelands and submerged lands:
City and County of San Francisco: Pier 70.
   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.
Under existing law, the Burton Act, and the Burton Act transfer
agreement, the interest of the state in and to the Harbor of San
Francisco was transferred in trust to the City and County of San
Francisco. The State Lands Commission has jurisdiction over tidelands
and submerged lands of the state.
   This bill would authorize the State Lands Commission to approve an
exchange of trust lands within the Pier 70 area, as defined, subject
to specified conditions. The bill would provide that lands exchanged
out of the trust are free from the requirements of the public trust,
the Burton Act trust, and the Burton Act transfer agreement, and
lands to be exchanged are subject to the requirements of the public
trust, the Burton Act trust, and the Burton Act transfer agreement.
   The bill would provide that the precise boundaries of the lands to
be taken out of the trust and the lands to be put into the trust
pursuant to the exchange shall be determined by the Port of San
Francisco, subject to the approval of the commission. All lands
exchanged into the public trust shall be held by the Port of San
Francisco.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for Pier 70 in the City and County
of San Francisco.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The following definitions apply for purposes of this
act:
   (a) "BCDC" means the San Francisco Bay Conservation and
Development Commission established under Section 66620 of the
Government Code.
   (b) "Burton Act" means Chapter 1333 of the Statutes of 1968, as
amended.
   (c) "Burton Act transfer agreement" means that certain agreement
dated January 24, 1969, between the state and the city, relating to
the transfer of the Port of San Francisco from the state to the city,
and any amendments to that agreement in accordance with its terms.
   (d) "Burton Act trust" means the statutory trust imposed by the
Burton Act, and any additional restrictions on use and alienability
created by the Burton Act transfer agreement.
   (e) "City" means the City and County of San Francisco, a charter
city and county, and includes the port.
   (f) "Commission" means the State Lands Commission.
   (g) "Master plan" means the Pier 70 Preferred Master Plan
published by the port in April 2010.
   (h) "Pier 70 area" means the approximately 69-acre site owned by
the port commonly known as the Pier 70 area.
   (i) "Port" means the Port of San Francisco, acting by and through
the San Francisco Port Commission.
   (j) Public trust" means the common law public trust for commerce,
navigation, and fisheries.
   (k) "State" means the State of California.
   (l) "Tidelands" means tide and submerged lands.
   (m) "Trust" means the public trust or the Burton Act trust, or
both, as appropriate in the context of its use.
   (n) "Trust lands" means all lands, including tide and submerged
lands, within the Pier 70 area that are presently subject to the
trust. Following a trust exchange, trust lands shall include all
lands within the Pier 70 area that have been impressed with the trust
by the exchange, and shall not include any lands that have been
removed from the trust by the exchange.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The purpose of this act is to facilitate the productive reuse
of the lands within the Pier 70 area of San Francisco in a manner
that furthers the purposes of the trust. To effectuate this purpose,
this act approves and authorizes the commission, subject to the
requirements of this act, to carry out an exchange of lands that will
place or confirm the public trust or the Burton Act trust on lands
within the Pier 70 area with substantial value for the trust, and
terminate the public trust and the Burton Act trust in Pier 70 area
lands that no longer are useful for trust purposes.
   (b) The Pier 70 area is one of the most important intact
industrial complexes west of the Mississippi. Largely as a result of
its industrial past, portions of the Pier 70 area are contaminated
with hazardous substances. The Pier 70 area is within the
jurisdiction of the port. Preserving the Pier 70 area's historic
resources is one of the port's goals in its Waterfront Land Use Plan
adopted in 1997. In furtherance of that goal, the port has prepared
an application to list the Pier 70 area on the National Register of
Historic Places and is working with applicable regulatory agencies to
prepare a plan to remediate, if necessary, any hazardous substances
affecting the Pier 70 area. The master plan incorporates historic
preservation and remediating environmental conditions as key
objectives for development of the Pier 70 area.
   (c) The Pier 70 area includes lands that were historically
tidelands subject to the public trust as well as historic uplands
that were not subject to the public trust. Beginning in 1868, certain
Pier 70 area tidelands were conveyed into private ownership by the
state pursuant to various state statutes. Portions of those tidelands
were subsequently filled and reclaimed. The public trust status of
portions of the reclaimed tidelands is uncertain. Due to various
historical circumstances, some of the reclaimed tidelands, including
lands located well inland from the current shoreline, may have
remained subject to the public trust, while other reclaimed
tidelands, including lands adjacent to the shoreline, may have been
freed from the trust. The port acquired portions of the Pier 70 area
lands, including portions of the historic uplands, as part of the
state's grant to the city under the Burton Act. These lands are
subject to the Burton Act trust. The port acquired the remainder of
the Pier 70 area lands from private owners.
   (d) Absent a trust exchange, substantial portions of the lands
within the Pier 70 area that are located along the waterfront or are
otherwise of high value to the trust could be sold into private
ownership, cut off from public access, and used for purposes
inconsistent with the trust. In addition, certain interior lands not
useful for trust purposes would be restricted by the trust and could
not be used for nontrust uses essential to the revitalization of the
Pier 70 area.
   (e) This act is necessary for the successful revitalization of the
Pier 70 area and to realize the resulting public benefits, including
continued operation of the existing ship repair yard on
approximately 15 acres of the Pier 70 area, the elimination of
blight, the remediation of hazardous substances, the establishment of
a Pier 70 National Register Historic District and adaptive reuse of
approximately 700,000 square feet of historic buildings, the
construction of approximately 3,000,000 square feet of new infill
development compatible with the historic district predominantly for
job-creating uses such as office and technology space, providing some
6,000 to 8,000 new jobs, the creation of approximately 11 acres of
waterfront open space and an additional nine acres of internal open
space, and increased public access to the waterfront. This
legislation is also needed to improve the configuration of the trust
lands in furtherance of trust purposes.
   (f) A trust exchange pursuant to this act would result in the
configuration of trust lands that maximizes the overall benefits to
the trust, without interfering with trust uses or purposes by
impressing the entire waterfront within the Pier 70 area, as well as
certain interior lands that have high trust values, with the public
trust and removing from the trust lands that have been cut off from
navigable waters, are no longer needed or required for the promotion
of the public trust, and constitute a relatively small portion of the
granted lands within the city. This act requires the commission to
ensure that the lands added to the trust by the exchange have a
monetary value equal to or greater than the monetary value of the
lands taken out of the trust.
   (g) The State Office of Historic Preservation has reviewed the
port's draft nomination for national historic status of the Pier 70
area and has preliminarily concurred with the port's conclusion that
several historic buildings in the Pier 70 area are contributors to
the proposed Pier 70 Historic District. These contributor buildings
convey a sense of the Pier 70 area's early maritime industrial
history, enhance the open-space experience in the corridor leading to
the waterfront, and should be preserved and restored. Uses of the
contributor buildings that support their preservation and
restoration, but that are not otherwise consistent with the trust,
are authorized under this act.
   (h) This act advances the statewide purpose of public trust and is
in the best interests of the people of this state.
  SEC. 3.  (a) The commission is authorized to approve an exchange of
trust lands within the Pier 70 area that meets the requirements of
this act.
   (b) The commission may not approve the exchange of the trust lands
unless it finds all of the following:
   (1) The portions of the trust lands or interests in lands to be
exchanged out of the trust have been filled and reclaimed, are cut
off from access to the waters of San Francisco Bay, and are no longer
in fact tidelands or submerged lands or navigable waterways, are
relatively useless for public trust purposes, and constitute a
relatively small portion of the granted lands within the city.
   (2) The lands or interests in lands to be impressed with the trust
have a monetary value equal to or greater than the monetary value of
the lands or interests in lands to be exchanged out of the trust. In
the event that the monetary value of the lands or interests in lands
to be exchanged out of the trust is greater than the monetary value
of the lands or interests in lands to be exchanged into the trust,
the commission may consider a deposit of funds into the Land Bank
Fund established pursuant to Section 8610 of the Public Resources
Code to be held solely for acquisition of property, in an amount
equal to the difference in value.
   (3) No substantial interference with trust uses and purposes,
including public rights of navigation and fishing, will ensue by
virtue of the exchange.
   (4) The lands or interests in lands impressed with the trust will
provide a significant benefit to the trust and are useful for the
particular trust purposes authorized by this act.
   (5) The configuration of trust lands within the Pier 70 area, upon
completion of the exchange, consists solely of lands suitable to be
impressed with the trust.
   (6) Applicable state agencies have approved a risk management
plan, a remedial action plan, or other regulatory documents specific
to the conditions at the Pier 70 area containing standards sufficient
to protect human health and the environment from hazardous
substances in the Pier 70 area, the port is in compliance with the
approved plan, and the port has provided adequate financial
assurances to ensure continuing compliance with the plan.
   (7) The final layout of streets in the Pier 70 area shall provide
access to the trust lands and be consistent with the beneficial use
of the trust lands.
   (8) Streets and other transportation facilities located on trust
lands shall be designed to be compatible with the trust and to serve
primarily trust purposes of access to shoreline improvements and
shoreline circulation rather than serving nontrust purposes.
   (9) The San Francisco Port Commission and the city's board of
supervisors have approved the exchange.
   (10) Any surveys or legal descriptions required for the parcels in
conjunction with the exchange shall be approved by the commission.
   (11) The exchange otherwise complies with the requirements of this
act.
   (12) The exchange is consistent with and furthers the purpose of
the public trust, the Burton Act trust, and this act.
   (13) The exchange is otherwise in the best interest of the
statewide public.
   (14) The commission may impose additional conditions on the
exchange authorized by this act if the commission determines that
these conditions are necessary to protect the public trust.
   (c) For purposes of effectuating the exchange authorized by this
section, the commission is authorized to do all of the following:
   (1) Receive and accept on behalf of the state any lands or
interest in lands conveyed to the state by the parties to the
exchange agreement, including lands that are now and will remain
subject to the public trust and the Burton Act trust.
   (2) Convey by patent all of the right, title, and interest of the
state in lands that are to be free of the public trust upon
completion of an exchange of lands as authorized by this act and as
approved by the commission.
   (3) Convey to the city by patent all of the right, title, and
interest of the state in lands that are to be subject to the public
trust and the Burton Act trust upon completion of an exchange of
lands as authorized by this act and as approved by the commission,
subject to the terms, conditions, and reservations as the commission
may determine are necessary to meet the requirements of this act.
   (d) The exchange authorized by this section may include lands
adjacent to the Pier 70 area to the extent consistent with the
purposes of this act and approved by the commission. Lands outside
the Pier 70 area that are impressed with the public trust and the
Burton Act trust as part of an exchange authorized by this act shall
be deemed trust lands for purposes of this act.
   (e) This act does condition or otherwise limit the authority of
the state or the city to undertake a trust exchange or other
conveyance authorized by any other law.
  SEC. 4.  The precise boundaries of the lands to be taken out of the
trust and the lands to be put into the trust pursuant to the
exchange shall be determined by the port, subject to the approval of
the commission. The commission is authorized to settle by agreement
with the port any disputes as to the location of the mean high tide
line in its last natural state, the boundaries of tidelands conveyed
into private ownership pursuant to various statutes, and any other
boundary lines that the commission deems necessary to effectuate the
exchange.
  SEC. 5.  All lands exchanged into the trust under this act shall be
held by the port subject to the public trust and the Burton Act
trust, and all lands exchanged out of the trust under this section
shall be free of the public trust and the Burton Act trust.
  SEC. 6.  An exchange or other agreement made under this act is
hereby found to be of statewide significance and importance.
Therefore, an ordinance, charter provision, or other provision of
local law that is inconsistent with this act does not apply to that
exchange or agreement.
  SEC. 7.  (a) Notwithstanding any other law, the requirements of
subdivision (f) of Section 10310 of Title 14 of the California Code
of Regulations shall be deemed satisfied for any Pier 70 development
project requiring a BCDC permit if the city submits in a form
acceptable to BCDC an approved development and disposition agreement
for the project and city final approval of all necessary amendments
to the city's general plan, planning code, and zoning maps.
   (b) This section does not affect BCDC's jurisdiction and authority
or its discretion to approve, disapprove, or condition a permit
application subject to this section in accordance with applicable
law.
  SEC. 8.  A deed, patent, agreement, or other instrument executed in
furtherance of this act, or an action of the state or port to
approve the use, lease, or conveyance of a state or port property
subject to this act, or any portion of that property, or to approve
project agreements, grant entitlements, or permits, or issue bonds or
other indebtedness in connection with the use and development of
that property, shall be conclusively presumed to be valid unless held
to be invalid in an appropriate proceeding in a court of competent
jurisdiction to determine the validity of the agreement commenced
within 60 days after the recording of the agreement.
  SEC. 9.  (a) An action may be brought under Chapter 4 (commencing
with Section 760.010) of Title 10 of Part 2 of the Code of Civil
Procedure to establish title to any lands conveyed pursuant to this
act or by the parties to any agreement entered into pursuant to this
act to confirm the validity of the agreement. Notwithstanding Section
764.080 of the Code of Civil Procedure, the statement of decision in
the action shall include a recitation of the underlying facts and a
determination as to whether the conveyance or agreement meets the
requirements of this act, Sections 3 and 4 of Article X of the
California Constitution, if applicable, and any other law applicable
to the validity of the agreement.
   (b) For purposes of Section 764.080 of the Code of Civil Procedure
and unless otherwise agreed in writing, an agreement entered into
pursuant to this act shall be deemed to be entered into on the date
it is executed by the executive officer of the commission, who shall
be the last of the parties to sign prior to the signature of the
Governor. The effective date of the agreement shall be deemed to be
the date on which it is executed by the Governor pursuant to Section
6107 of the Public Resources Code.
   (c) An action may be brought under Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to
determine the legality and validity of a deed, patent, agreement, or
other instrument executed in furtherance of or authorized by this
act, or an action of the port to use, lease, or convey any property,
or to approve project agreements, grant entitlements or permits, or
issue bonds or other indebtedness in connection with the use and
development of that property. Prior to the filing of an action, the
Attorney General and the executive officer of the commission shall be
provided written notice of the action and a copy of the complaint.
An action authorized by this subdivision may be combined with an
action authorized by subdivision (a).
  SEC. 10.  If a provision of this act, or its application to a
person, property, or circumstance, is held invalid by a court, the
invalidity or inapplicability of that provision shall not affect any
other provision of this act or the application of that provision to
any other person, property, or circumstance, and the remaining
portions of this act shall continue in full force and effect, unless
enforcement of this act as so modified by and in response to that
invalidation would be grossly inequitable under all of the
circumstances, or would frustrate the fundamental purposes of this
act.
  SEC. 11.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable only to the lands
described in this act.