BILL ANALYSIS Ó AB 1847 Page 1 Date of Hearing: March 26, 2012 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 1847 (Lowenthal) - As Amended: March 19, 2012 SUBJECT : City of Long Beach: grant of public trust lands SUMMARY : Grants in trust to the City of Long Beach (City) all the right, title, and interest of the state in public trust lands known as the Bixby Park Public Trust Parcels, the Colorado Lagoon Public Trust Parcels, and the Marine Stadium Channel Public Trust Parcels. EXISTING LAW: 1) Protects, pursuant to the common law Public Trust Doctrine, the public's right to use California's waterways for commerce, navigation, fishing, boating, natural habitat protection, and other water oriented activities. The Public Trust Doctrine provides that filled and unfilled tide and submerged lands and the beds of lakes, streams, and other navigable waterways (i.e. public trust lands) are to be held in trust by the state for the benefit of the people of California. 2) Requires the State Lands Commission (Commission) to be the steward and manager of the state's public trust lands. The Commission has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local governments. 3) Authorizes the Commission to lease public trust lands, enter into boundary line agreements, and, in limited circumstances, exchange public trust lands for non-trust lands. 4) Granted state public trust lands to over 80 local public agencies (a.k.a. local trustees/grantees) to be managed for the benefit of all the people of the state and pursuant to the Public Trust Doctrine and terms of the applicable granting statutes. The City was granted certain public trust lands pursuant to Chapter 676, Statutes of 1911, Chapter 102, Statutes of 1925, Chapter 158, Statutes of AB 1847 Page 2 1935, and Chapter 138, Statutes of 1964. THIS BILL: 1)Grants in trust to the City all the right, title, and interest of the state in public trust lands known as the Bixby Park Public Trust Parcels, the Colorado Lagoon Public Trust Parcels, and the Marine Stadium Channel Public Trust Parcels (collectively referred to as the "Public Trust Parcels"). 2)Terminates the leases issued from the State Lands Commission to the City for the Public Trust Parcels. 3)Requires the City to hold, operate, and manage, in trust for the benefit of the statewide public, the Public Trust Parcels in accordance with the common law Public Trust Doctrine and the terms, trusts, and conditions pursuant to Chapter 676 of the Statutes of 1911, Chapter 102 of the Statutes of 1925, Chapter 158 of the Statutes of 1935, and Chapter 138 of the First Extraordinary Session of the Statutes of 1964, as amended. FISCAL EFFECT : Unknown COMMENTS : For over 100 years, the Legislature has granted public trust lands to local public agencies so the lands can be managed locally for the benefit of the people of California. Virtually all grants have been made by non-codified statutes. A granting statute generally explains what lands have been granted and how they are to be managed by the grantee. Without a tideland grant, the Commission has direct authority to lease or otherwise manage public trust lands within the jurisdiction of a local public agency. In 1911, the Legislature granted to the City all filled and unfilled public trust lands within the City's boundaries. The grant required the lands and revenues therefrom to be used by the City solely for the establishment, improvement, and construction of a harbor, and for the construction, maintenance, and operation of wharves, docks, piers, slips, quays, and other utilities, structures, and appliances necessary or convenient for the promotion and accommodation of commerce and navigation. This grant was significant because it allowed for the development of the Port of Long Beach. AB 1847 Page 3 On June 23, 2011, the Commission approved a title settlement and land exchange agreement with the City in which the Commission received the Public Trust Parcels, which include 38.37 acres of land consisting of 1) a bluff-top park, adjacent to existing public trust land, fronting the Pacific Ocean (the Bixby Park Public Trust Parcels); 2) a tidal lagoon and surrounding beach that was sold into private ownership over one hundred years ago (the Colorado Lagoon Public Trust Parcels); and, 3) an open space area that is proposed to become an open channel that will not only provide wetland habitat but also return tidal flow to the lagoon (the Marine Stadium Channel Public Trust Parcels). The Commission determined that these parcels have significant public trust value based on their location, history, and current and proposed uses. In exchange for the Public Trust Parcels, the Commission terminated the public trust in one 10.24-acre parcel that had been filled and reclaimed and is physically separated from the water by 550 feet of fill, bulkheads, and lanes of Shoreline Boulevard--the Commission determined that this parcel was relatively useless for public trust purposes. The Commission then transferred the 10.24-acre parcel to the City in fee simple. Since the Public Trust Parcels are not part of any previous legislative grant, the Commission has administrative control over the parcels. Rather than directly manage the lands, the Commission has issued 49 year leases to the City. These leases allow the City to manage and spend local trust revenues to improve the lands. This bill will grant the Public Trust Parcels to the City, thus bringing these lands into the same management as the rest of the City's granted public trust lands. With this grant, it is no longer necessary for the City to have leases with the Commission for these lands. This bill is dual referred and will be heard in the Local Government Committee should it pass out of Natural Resources. REGISTERED SUPPORT / OPPOSITION : Support State Lands Commission (sponsor) AB 1847 Page 4 City of Long Beach Opposition None on file Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916) 319-2092