Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 727

Introduced by Assembly Member Stone

February 21, 2013

An act to add Section 6703.5 to the Public Resources Code, relating to public trust lands.

LEGISLATIVE COUNSEL’S DIGEST

AB 727, as amended, Stone. Public trust lands: dredging: notice and begin delete leases.: end delete begin insert leases. end insert

Existing law authorizes the begin delete commission end delete begin insert State Lands Commission end insert to enter into an exchange, with any person or private entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in those lands, if the commission finds that specified conditions are met.

This bill would require that a grantee of public trust lands begin delete , end delete begin insert or a person or entity making a submittal of a lease, contract, or other instrument to the commission for dredging on granted public trust lands, end insert upon which any right to minerals on those lands is reserved by the state, to notify the commission, in writing, begin insert no later than 90 days prior to the time dredging is commenced, end insert if the grantee begin insert or other person or entity making a submittal end insert intends to conduct dredging operations on those lands. The bill would require the commission begin delete if end delete , upon receipt of that written notice of intent to conduct dredging operations, to determine whether the dredging will require that the grantee begin insert or a person or entity making a submittal of a lease, contract, or other instrument to the commission for dredging on granted public trust lands end insert enter into a lease with the commission, begin insert and end insert to notify the grantee begin insert or person or other entity making a submittal for dredging end insert , in writing, if a lease will be required. The bill would provide that the notification requirement only applies to dredging operations that are commenced on or after January 1, 2014. begin insert The bill would require that any dredging on public trust lands be carried out pursuant to a lease entered into by a grantee of public trust lands or a person or entity making a submittal for dredging on those public trust lands and the commission, except as provided. end insert

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.  

Section 6703.5 is added to the Public Resources
Code, to read:

6703.5.  

(a) (1) Notwithstanding any other law, a grantee of
public trust lands begin insert or a person or entity making a submittal of a
lease, contract, or other instrument to the commission for dredging
on granted public trust lands end insert , upon which any right to minerals
on those lands is reserved by the state, shall notify the commission,
in writing, begin insert no later than 90 days prior to the time dredging is
commenced, end insert if the grantee begin insert or person or other entity making a
submittal end insert intends to conduct dredging operations on those lands.
The notice shall contain the following information:

(A) A description of the dredging to be conducted on those
lands, including a map showing the general area and project site.

(B) A description of the amount of material to be dredged,
disposal amount, location and means of disposal, location of the
dredging activity, a sediment characterization report, and an
explanation of the purpose of the dredging.

(2) Upon receipt of the written notice required by paragraph
(1), the commission shall determine whether the dredging will
require that the grantee begin insert or other person or entity making a submittal
of a lease, contract, or other instrument to the commission for
dredging on granted public trust lands end insert enter into a lease with the
commission, and shall notify the grantee begin insert or other person or entity
making a submittal for dredging, end insert in writing begin insert , end insert if a lease will be
required.

(b) This section shall only apply to dredging operations that are
commenced on or after January 1, 2014.

(c)  begin delete Nothing in this end delete begin insert This end insert section begin delete shall be construed to end delete begin insert does not end insert
exempt a grantee of public trust lands begin insert or other person or entity
making a submittal for dredging on those lands end insert from any permit
or other approval necessary to carry out dredging operations that
may be required by another local, state, or federal law.

begin insert

(d) Any dredging on public trust lands shall be carried out
pursuant to a lease entered into by a grantee of public lands or a
person or entity making a submittal for dredging on granted public
trust lands and the commission. However, a lease shall not be
required for maintenance dredging on granted public trust lands
where the materials from the dredging are disposed of at a United
States Environmental Protection Agency or United States Corps
of Engineers-approved onshore or offshore disposal site.

end insert