BILL NUMBER: AB 727	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

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  leases.:   leases. 
   Existing law authorizes the  commission  
State Lands Commission  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
 ,   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,  upon which
any right to minerals on those lands is reserved by the state, to
notify the commission, in writing,  no later than 90 days prior
to the time dredging is commenced,  if the grantee  or other
person or entity making a submittal  intends to conduct
dredging operations on those lands. The bill would require the
commission  if  , upon receipt of that written
notice of intent to conduct dredging operations, to determine whether
the dredging will require that the grantee  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  enter into a lease with the commission,  and  to
notify the grantee  or person or other entity making a submittal
for dredging  , 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.
 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. 
   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  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  , upon which any
right to minerals on those lands is reserved by the state, shall
notify the commission, in writing,  no later than 90 days prior
to the time dredging is commenced,  if the grantee  or
person or other entity making a submittal  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  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  enter into a lease
with the commission, and shall notify the grantee  or other
person or entity making a submittal for dredging,  in writing
 ,  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)  Nothing in this   This  section
 shall be construed to   does not  exempt a
grantee of public trust lands  or other person or entity making
a submittal for dredging on those lands  from any permit or
other approval necessary to carry out dredging operations that may be
required by another local, state, or federal law. 
   (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.