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
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|Ayes:|Chesbro, Brownley, | | |
| |Dickinson, Grove, | | |
| |Halderman, Hill, Monning | | |
| |Skinner | | |
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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,
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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.
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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
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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