BILL NUMBER: SB 860	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Cannella, Evans, Fuller, Kehoe, La Malfa, Padilla,
Simitian, and Wolk)

                        FEBRUARY 18, 2011

   An act to amend Section 11 of Chapter 203 of the Statutes of 2009,
relating to tidelands and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 860, as introduced, Committee on Natural Resources and Water.
Tidelands and submerged lands: City and County of San Francisco:
Hunters Point Naval Shipyard and Candlestick Point: mineral rights.
   Existing law vests in the San Francisco Redevelopment Agency all
of the state's rights, title, and interest in Candlestick Point and
the former Hunters Point Naval Shipyard trust lands, and upon
conveyance by the federal government to the agency, in appurtenances
located on Hunters Point submerged lands, subject to the public
trust, as provided.
   Existing law approves an exchange of public trust lands within the
lands conveyed, whereby certain trust lands or interests in lands
that meet specified criteria and are not useful for public trust
purposes are freed from the public trust and authorized to be
conveyed into private ownership. Existing law authorizes certain
other lands or interests in lands that are not now public trust lands
and that are useful for public trust purposes to be made subject to
the public trust.
   Existing law requires the state to reserve from the grants made to
the agency, the state's interest or any portion of the state's
interest, in any lands, all mineral and mineral rights in the lands,
as provided.
   This bill would clarify that the term lands, as used in this
reservation by the state, refers to lands that are to be impressed
with the public trust.
   The bill would also clarify that if an agreement is entered into
that provides for the quitclaim to the state by the other parties to
that agreement of all mineral rights in the lands they own or may own
that are to be impressed with the public trust, the state would be
authorized to quitclaim all mineral rights in the lands that are to
be freed of the public trust.
   The bill would declare that these changes are declaratory of
existing law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11 of Chapter 203 of the Statutes of 2009 is
amended to read:
  SEC. 11.  The state shall reserve from the grant made in Section 6
of this act   Chapter 203 of the Statutes of
2009  , and from any other conveyance pursuant to  this
act   Chapter 203 of the Statutes of 2009  of the
state's interest, or any portion of the state's interest, in any
lands, all minerals and all mineral rights in  the 
 those  lands  that are to be impressed with the public
trust,  of every kind and character now known to exist or
hereafter discovered, including, but not limited to, oil and gas and
rights thereto, together with the sole, exclusive, and perpetual
right to explore for, remove, and dispose of those minerals by any
means or methods suitable to the state or to its successors and
assignees, except that, notwithstanding the Burton Act or Section
6401 of the Public Resources Code, this reservation shall not include
the right of the state or its successors or assignees in connection
with any mineral exploration, removal, or disposal activity, to do
either of the following:
   (a) Enter upon, use, or damage the surface of the lands or
interfere with the use of the surface by a grantee or by the grantee'
s successors or assignees. However, a lease, franchise, permit, or
license of the property shall contain a provision specifying at least
one point from which, and the manner in which, the right of ingress
or egress to the subsurface deposits may be exercised, which point or
points may be outside the area of the leasehold, franchise, permit,
or license, as long as the point or points are adequate to permit the
rights reserved to the state to be exercised.
   (b) Conduct any mining activities of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of a grantee of the lands or the grantee's
successors or assignees. 
   (c) If an agreement authorized by Chapter 203 of the Statutes of
2009 provides for the quitclaim to the state by the other parties to
that agreement of all mineral rights in the lands they own or may own
that are to be impressed with the public trust, the state may
quitclaim all mineral rights in the lands that are to be freed of the
public trust under the agreement. 
  SEC. 2.  The Legislature finds and declares that the amendments to
Chapter 203 of the Statutes of 2009 made by this act do not
constitute a change in, but are declaratory of, existing law.
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CORRECTIONS  Heading/Digest--Page 1.
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