BILL ANALYSIS Ó SB 860 Page 1 SENATE THIRD READING SB 860 (Natural Resources and Water Committee) As Amended June 20, 2011 Majority vote SENATE VOTE : 38-0 NATURAL RESOURCES 8-0 ----------------------------------------------------------------- |Ayes:|Chesbro, Brownley, | | | | |Dickinson, Grove, | | | | |Halderman, Hill, Monning | | | | |Skinner | | | ----------------------------------------------------------------- SUMMARY : Makes clean-up amendments regarding the state's mineral interest, redevelopment agencies' successors, and hazardous materials remediation to statutes authorizing public trust land exchanges and grants for redevelopment projects at Hunters Point Naval Shipyard and Candlestick Point, Treasure Island, and the Naval Air Station Alameda. Specifically, this bill: 1)Clarifies, with regard to the statutes authorizing public trust land exchanges and grants at Hunters Point Naval Shipyard and Candlestick Point, that: 1) the state reserves the mineral interest in lands granted to the San Francisco Redevelopment Agency; 2) if the state enters into a public trust land exchange, it may quitclaim all mineral rights in the lands that it is transferring out of the public trust; and, 3) if the San Francisco Redevelopment Agency dissolves, its successor agency is to take its duties and responsibilities for the purposes of administering the granted public trust lands. 2)Clarifies, with regard to the statutes authorizing public trust land exchanges and grants at Treasure Island, that: 1) the state reserves the mineral interest in lands granted to the Treasure Island Development Authority (TIDA) subject to restrictions regarding exploration; and, 2) if the state enters into a public trust land, it may quitclaim all mineral rights in the lands that it is transferring out of the public trust. Establishes that the City and County of San Francisco, SB 860 Page 2 and not the Port of San Francisco, is the successor agency to TIDA if TIDA were to dissolve. 3)With regard to the statutes authorizing public trust land exchanges and grants at Naval Air Station Alameda: a) Establishes that the requirements to complete all necessary hazardous materials remediation pursuant to the Naval Air Station Alameda Public Trust Exchange Act are satisfied if either of the following occurs: i) All remedial action necessary to protect human health and the environment with respect to the hazardous substances on the land has been completed as determined in accordance with the Federal Facility Agreement for Alameda Naval Air Station between United States Environmental Protection Agency, the United States Department of the Navy, and the State of California; or, ii) The United States has obtained a warranty deferral, approved by the Governor, and the State Lands Commission (SLC) finds that sufficient liability measures and implementation measures will be in place upon the completion of the land exchange. b) Clarifies that: 1) the state reserves the mineral interest in lands granted to the Alameda Reuse and Redevelopment Agency and the City of Alameda subject to restrictions regarding exploration; and, 2) if the state enters into a public trust land exchange pursuant to the Naval Air Station Alameda Public Trust Exchange Act, it may quitclaim all mineral rights in the lands that it is transferring out of the public trust. 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. SB 860 Page 3 2)Establishes that the SLC is the steward and manager of the state's public trust lands. 3)Grants, in trust, state public trust lands to over 80 local public agencies (a.k.a. local trustees or 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. SLC has oversight authority over these granted public trust lands to ensure that they are managed pursuant to the Public Trust Doctrine and granting statutes. 4)Grants in trust to the Port of San Francisco (Port), pursuant to the "Burton Act" (AB 190 Chapter 1333, Statutes of 1968), administrative control over the public trust lands in the Harbor of San Francisco for purposes of commerce, navigation, and fisheries and subject to other terms and conditions specified in the act. 5)Authorizes, pursuant to SB 792 (Leno), Chapter 203, Statutes of 2009, a public trust land exchange at the Hunters Point Naval Shipyard and Candlestick Point; requires SLC to ensure that lands are not exchanged into the trust until all necessary hazardous materials remediation for those lands has been completed; grants to the San Francisco Redevelopment Agency administrative control over the public trust lands at the Hunters Point Naval Shipyard. 6)Authorizes, pursuant to the "Treasure Island Conversion Act" (AB 699 (Migden), Chapter 898, Statutes of 1997) the City and County of San Francisco to designate the Treasure Island Development Authority (TIDA) as the redevelopment agency for Treasure Island; requires that all money received or collected by TIDA from the use or operation of the trust property be deposited in the Treasure Island Trust Fund to be used only for purposes consistent with the public trust for navigation, commerce, and fisheries; and, designates TIDA as the trustee of the trust property. 7)Authorizes, pursuant to the "Treasure Island Public Trust Exchange Act" (SB 1873 (Burton), Chapter 543, Statutes of 2004; SB 815 (Migden), Chapter 660, Statutes of 2007), a public trust land exchange at Treasure Island and Yerba Buena SB 860 Page 4 Island, subject to SLC's approval. 8)Authorizes, pursuant to the "Naval Air Station Alameda Public Trust Exchange Act" (SB 2049 (Perata), Chapter 734, Statutes of 2000), a public trust land exchange at the former Naval Air Station Alameda; requires SLC to ensure that lands are not exchanged into the trust until all necessary hazardous materials remediation for those lands has been completed; grants to the Alameda Reuse and Redevelopment Agency and the City of Alameda the responsibility of administering the public trust lands within the Naval Air Station Alameda property. FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : The Legislature has authorized the above referenced public trust land grants and land exchanges to facilitate local redevelopment projects in San Francisco and Alameda. The local governments agencies involved in these land grants and land exchanges have identified minor technical issues with the terms of the enabling statutes. These issues include: 1) ambiguities in the provisions involving the state's mineral interests in the exchanged and granted lands; 2) for the San Francisco redevelopment projects, questions about who will be the successor agency if the redevelopment agencies dissolve; and, 3) for the Alameda redevelopment project, how are hazardous materials remediation requirements satisfied. This bill addresses these issues in a manner that is consistent with the original intent of the enabling legislation. Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916) 319-2092 FN: 0001453