BILL ANALYSIS �
AB 727
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Date of Hearing: April 1, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 727 (Stone) - As Amended: March 21, 2013
SUBJECT : Public trust lands: dredging: notice and leases
SUMMARY : Requires a person or entity who intends to conduct
maintenance dredging operations on granted public trust lands to
notify the State Lands Commission (Commission) in writing of the
dredging project rather than submit a lease application and
processing fee.
EXISTING LAW :
1)Protects, pursuant to the common law doctrine of the Public
Trust (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.
2)Establishes that the Commission is the steward and manager of
the state's public trust lands. The Commission has direct
administrative control over the state's public trust lands and
oversight authority over public trust lands granted by the
Legislature to local governments.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (local trustees) 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.
4)Generally requires, through individual granting statutes, that
the mineral rights of the granted public trust lands are
reserved by the state.
THIS BILL :
1)Requires a person or entity, including a local grantee, who
intends to conduct dredging operations on granted public trust
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lands on which the state reserves the minerals, to notify the
Commission in writing no later than 90 days prior to the time
dredging commences.
2)Requires the notice of dredging to contain (1) a description
of the dredging to be conducted on the granted public trust
lands, including a map showing the general area and project
site, and (2) 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.
3)Upon the receipt of the notice of dredging, requires the
Commission to (1) determine whether the dredging will require
the person or entity to enter into a lease with the Commission
and (2) notify the person or entity if a lease will be
required.
4)Applies only to dredging operations that are commenced on or
after January 1, 2014.
5)Does not exempt a person or entity from any permit or other
approval necessary to carry out dredging operations that may
be required by another local, state, or federal law.
6)Requires any dredging on granted public trust lands to be
carried out pursuant to a lease entered into by the person or
entity and the Commission.
7)Does not require a lease with the Commission 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.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background and Purpose of the Bill. Since 1851, public trust
lands have been legislatively granted to local government
entities to manage in trust on behalf of the people of
California. While these entities manage these lands, most
statutory grants reserve the mineral rights to the state.
These mineral reservations stipulate that any dredging
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activities on these lands require a dredging lease from the
Commission.
When a local grantee of public trust lands applies for a
dredging lease with the Commission, it is responsible for the
Commission's staffing costs for processing the application.
These costs are approximately $1,500 and the processing can
take several months depending on the completeness of the
application, the Commission's meeting schedule, and staff
resources. According to Commission staff, if dredging will
result in a public good, the Commission does not charge an
annual rent for the lease.
In an effort to streamline the dredging lease process and to
more efficiently allocate Commission staff resources, this
bill will eliminate the requirement that dredging on granted
public trust lands requires a lease if the dredging materials
are disposed of at a United States Environmental Protection
Agency or United States Corps of Engineers approved onshore or
offshore disposal site. The person or entity wishing to
conduct the dredging will, however, be required to notify the
Commission of their intent to dredge and include specific
information about the project. No lease application or fee
will be required with this notice.
This bill does not affect other local, state, and federal
requirements associated with a dredging project, such as those
imposed by the Coastal Commission, the U.S. Army Corps of
Engineers, and Regional Water Quality Control Boards.
2)Suggested Amendments. A number of parties that benefit from
dredging projects on granted public trust lands support the
intent of the bill, but have voiced concerns about potential
unintended consequences of the current language. The author
may wish to consider amendments that address these concerns by
(1) including clarifying intent language, (2) more
specifically describing the notice of dredging process, and
(3) ensuring that the Commission's main goal, which is to
streamline the Commission's dredging approval process for
activities such as basic maintenance dredging, is achieved.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 727
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California Association of Harbor Masters and Port Captains
California Marine Parks and Harbors Association
California Special Districts Association
California State Lands Commission
California Yacht Brokers Association
Marina Recreation Association
Moss Landing Harbor District
National Marine Manufacturers Association
Western Boaters Safety Group
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092