BILL NUMBER: AB 727 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Stone
FEBRUARY 21, 2013
An act to add Section 6703.5 6707 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.
Existing law authorizes the 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, 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
local trustee of tide and submerged lands or an
applicant for dredging on granted tide and submerged lands that
intends to commence 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 120 days prior to
the time dredging is commenced, and would require that the written
notice contain specified information .
The bill would specify that if that written notice is
provided to the commission, a local trustee or applicant for dredging
is not required to enter into a lease for the dredging if prescribed
conditions are met. The bill would authorize the commission, if any
dredging on granted tide and submerged lands wherein minerals are
reserved to the state does not meet those prescribed conditions, to
require a lease from the commission for that dredging. The bill would
require the commission, if it determines that a lease is required,
to provide the grantee or applicant for dredging with written
notification of that determination within 30 days after the
commission receives notification of the proposed dredging. The bill
would require that any revenue that is earned by a local trustee from
the dredging of granted lands be held or spent in a manner
consistent with the trustee's existing obligations under
the public trust and the specific terms of its grant of lands.
The bill would provide that the notification requirement
make the above requirements applicable 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. It is the intent of the Legislature to
streamline the process of dredging on granted tide and submerged
lands wherein mineral deposits are reserved to the state when
consistent with the preservation and promotion of tideland trust
activities, and to preserve tideland trust revenue within the corpus
of the trust. To this end, it is also the intent of the Legislature
that dredging on granted tide and submerged lands wherein mineral
deposits are reserved to the state does not require a dredging lease
from the State Lands Commission when the dredging is conducted
strictly for the purposes of maintaining or enhancing
maritime or water-dependent commerce, navigation, fishing, or other
public trust activities required under the granting statute.
SEC. 2. The Legislature finds and declares all of the
following:
(a) As part of its fiduciary duty, a local trustee of granted tide
and submerged lands is required to take reasonable steps under the
circumstances to take and keep control of, and preserve property for,
public trust purposes on behalf of the state for the benefit of all
the people of California.
(b) All local trustees of tide and submerged lands that were
granted for the establishment, improvement, or conduct of a harbor
and for the construction, maintenance, and operation of the public
trust lands in a manner that is necessary or convenient for the
promotion and accommodation of commerce and navigation should, from
time to time, deepen and maintain depths of their berths, harbors,
and navigable waterways within their grants to further the trust
purposes for which the local trustee holds tide and submerged lands.
(c) Dredging activity on granted tide and submerged lands
typically requires multiple approvals and permits from various local,
state, and federal regulators, and must comply with the
environmental requirements prescribed under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(d) When the rights to mineral deposits are reserved to the state
in any grant of tide and submerged lands, the state should reserve
the right to require that any dredging on those granted lands be
carried out pursuant to a lease entered into by a local trustee and
the State Lands Commission.
SEC. 3. Section 6707 is added to the Public Resources
Code, to read:
6707. (a) The Legislature finds and declares that to promote and
accommodate public trust uses, including commerce, navigation, and
fisheries, proper management of granted public trust lands may
require the local trustee to conduct dredging of navigational
channels and vessel berths on granted lands, including on those
granted lands in which the state reserves mineral interests, and that
those dredging activities are consistent with the public trust.
(b) A local trustee of tide and submerged lands or an applicant
for dredging on granted tide and submerged lands that intends to
commence 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 120 days prior to the time
dredging is commenced.
The notice shall contain all of the following information:
(1) A description of the dredging to be conducted on those lands,
including a map and land description showing the area and project
site.
(2) A description of the amount of material to be dredged,
disposal amount, location, and means of disposal, if available.
(3) The time and manner in which dredging is to occur.
(4) The relevant permits, authorizations, and approvals that exist
or must be obtained to complete dredging, or, if applicable,
demonstration of compliance with a dredged materials management
office plan that is administered by the United States Army Corps of
Engineers.
(5) A declaration that the dredging is necessary for the proper
management of the grant consistent with the public trust for
commerce, navigation, and fisheries, or a statement of why the
dredging is necessary to be undertaken for other purposes and a
declaration that the dredging is consistent with the statutory grant.
(6) A statement with supporting documents that explains whether
the trustee anticipates receipt of any revenues from the materials to
be dredged, and, if so, in what amounts.
(c) After submission of the written notice required by this
section, a local trustee or applicant for dredging is not required to
enter into a lease for the dredging if all of the following
conditions are met:
(1) The dredging is maintenance dredging consistent with the
proper management of the granted lands.
(2) The dredged material is not sold or used for a private
benefit.
(3) The dredged material is disposed of at an approved onshore or
offshore disposal site.
(d) The commission may require a lease for any dredging on granted
tide and submerged lands wherein the right to minerals is reserved
to the state if the proposed dredging does not meet the conditions
set forth in subdivision (c). The commission may delegate the
authority to determine whether a lease is necessary to its executive
officer. If the commission determines that a lease is required, the
commission shall provide the grantee or applicant for dredging with
written notification of that determination within 30 days after the
commission receives notification of the proposed dredging. All
applicable reimbursement costs shall be submitted with the
application for a lease, if a lease is necessary.
(e) This section shall apply only to dredging operations that are
commenced on or after January 1, 2014.
(f) This section does not exempt a local trustee of tide and
submerged lands or other person or entity 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.
(g) (1) Any revenue that is earned by a local trustee from the
dredging of granted lands shall be held or spent in a manner
consistent with the trustee's existing obligations under the public
trust and the specific terms of its grant of lands.
(2) If a local trustee receives any revenue from the dredged
materials not otherwise disclosed in the notice required by this
section, the local trustee shall immediately notify the commission in
writing. The commission may require the grantee to pay a reasonable
royalty and enter into a lease for the dredging. If a grantee fails
to notify the commission, the commission may require the local
trustee to remit all revenues to the state.
(h) Nothing in this section shall be construed to limit the
authority of the commission to enter into a lease, at its discretion,
for dredging activity on granted tide and submerged lands wherein
the right to minerals is reserved to the state.
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) This section 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.