Amended in Senate August 19, 2014

Amended in Senate July 1, 2014

Amended in Senate June 11, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2764


Introduced by Committee on Natural Resources (Chesbro (Chair), Garcia, Muratsuchi, Skinner, Stone, and Williams)

March 27, 2014


An act to amend Section 126 of the Government Code, to amend Section 39512.5 of the Health and Safety Code, to amendbegin delete Sectionsend deletebegin insert Sectionend insert 6306begin delete and 48020end delete of the Public Resources Code, and to amend Section 1 of Chapter 321 of the Statutes of 1961, relating to publicbegin delete resources, and making an appropriation therefor.end deletebegin insert resources.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2764, as amended, Committee on Natural Resources. Public resources.

(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under current law, the State Lands Commission cedes concurrent criminal jurisdiction to the United States with regard to specified properties.

This bill would revise and recast these provisions and make technical and organizational changes.

(2) Existing law requires that every local trustee of granted public trust lands, as defined and except as provided, file with the State Lands Commission, on or before October 1 of each year, a detailed statement of all revenues and expenditures relating to its trust lands and trust assets, as prescribed, including obligations incurred, but not yet paid, covering the fiscal year preceding the submission of the statement.

This bill instead would require the statement to be filed with the commission on or before December 31 of each year.

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(3) The California Integrated Waste Management Act of 1989, requires the Department of Resources Recycling and Recovery, to initiate a program for the cleanup of solid waste disposal sites and for cleanup of solid waste at codisposal sites where no responsible party is available to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. For purposes of this program, existing law defines “solid waste disposal,” “dispose,” or “disposal” to mean the final disposition of solid wastes onto land. Existing law establishes the Solid Waste Disposal Site Cleanup Trust Fund and provides that moneys in the fund are continuously appropriated for purposes of the program.

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This bill would provide that, for purposes of the program, solid waste disposal sites may include sites located in waters of the state. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation.

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(4)

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begin insert(end insertbegin insert3)end insert Existing law authorizes a grant in the form of a trust of specified tidelands and submerged lands to the County of Orange, subject to certain restrictions, including that the lands remain available for public use.

This bill would modify the terms of the grant to change the conditions for expenditures by the trust and to permit the trustee to acquire additional property in order to further the purposes of the trust, if specific conditions are met.

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(5)

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begin insert(end insertbegin insert4)end insert Existing law establishes the State Air Resources Board, which is responsible for control of emissions from motor vehicles and is designated the air pollution control agency for all purposes set forth in federal law. Existing law requires the state board to consist of 12 members, who are appointed based on certain qualifications. Existing law provides for the compensation of those members.

This bill would correct an erroneous cross-reference to clarify that certain members of the state board are prohibited from receiving compensation for serving on the state board, but are required to be reimbursed for their actual and necessary expenses, as specified.

Vote: majority. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 126 of the Government Code is amended
2to read:

3

126.  

(a) Notwithstanding any other provision of law, general
4or special, the Legislature of California, acting through the State
5Lands Commission, hereby cedes concurrent criminal jurisdiction
6to the United States within lands identified and held by the United
7States upon and subject to each and all of the following express
8limitations, conditions, and reservations, in addition to any other
9limitations, conditions, or reservations prescribed by law:

10(1) Before making a cession, the State Lands Commission shall
11make the following findings:

12(A) The United States has requested in writing the state to cede
13concurrent criminal jurisdiction within the identified lands.

14(B) The lands are held by the United States for the erection of
15forts, magazines, arsenals, dockyards, and other needful buildings
16within the purview of clause 17 of Section 8 of Article I of the
17United States Constitution, or for any other federal purposes. For
18purposes of this section, lands held by the United States are defined
19as: (i) lands acquired in fee by purchase or condemnation, (ii) lands
20owned by the United States that are included in the military
21reservation by presidential proclamation or act of Congress, (iii)
22any other lands owned by the United States, including, but not
23limited to, public domain lands that are held for a public purpose,
24and (iv) leaseholds acquired by the United States over private lands
25 or state-owned lands that are held for a public purpose.

26(C) The cession is made pursuant to and in compliance with the
27laws of the United States.

28(D) A notice of the proposed cession has been given to the clerk
29for the board of supervisors of the county in which the federal
30lands are located at least 15 days before the proposed cession.

31(E) The proposed cession is in the best interests of the State of
32California.

P4    1(F) The United States has agreed to bear all costs and expenses
2incurred by the State Lands Commission in making the cession.

3(2) The cession shall continue only so long as the lands are
4owned by the United States and used for the purposes for which
5jurisdiction is ceded or for 10 years, whichever period is less.

6(3) The cession shall be made at a publicly noticed meeting of
7the State Lands Commission. The cession shall vest when the State
8Lands Commission has received notice of the United States’
9acceptance of the cession and certified copies of the State Lands
10Commission’s orders or resolutions making the findings described
11in paragraph (1) have been recorded in the office of the county
12recorder of each county in which any part of the land is situated.
13The State Lands Commission shall keep copies of its orders or
14resolutions in its records and make them available to the public
15upon request.

16(b) In ceding concurrent criminal jurisdiction, the Legislature
17and the state reserve jurisdiction over the land, water, and use of
18water with full power to control and regulate the acquisition, use,
19 control, and distribution of water with respect to the land affected
20by the cession.

21

SEC. 2.  

Section 39512.5 of the Health and Safety Code is
22amended to read:

23

39512.5.  

(a) With respect to the members appointed pursuant
24to subdivision (d) of Section 39510, those members shall serve
25without compensation but shall be reimbursed for actual and
26necessary expenses incurred in the performance of their duties to
27the extent that reimbursement for expenses is not otherwise
28provided or payable by another public agency or agencies. Each
29elected public official member of the state board shall receive one
30hundred dollars ($100) for each day, or portion thereof, but not to
31exceed one thousand dollars ($1,000) in any month, attending
32meetings of the state board or committees thereof, or upon
33authorization of the state board while on official business of the
34state board.

35(b) Reimbursements made pursuant to subdivision (a) shall be
36made as follows:

37(1) A member appointed from a district that is specifically
38named in subdivision (d) of Section 39510 shall be reimbursed by
39the district from which the person qualified for membership.

P5    1(2) The member appointed as a board member of a district that
2is not specifically named in subdivision (d) of Section 39510 shall
3be reimbursed by the state board.

4

SEC. 3.  

Section 6306 of the Public Resources Code is amended
5to read:

6

6306.  

(a) For purposes of this division, “local trustee of granted
7public trust lands” means a county, city, or district, including a
8water, sanitary, regional park, port, or harbor district, or any other
9local, political, or corporate subdivision that has been granted,
10conveyed, or transferred by statute, public trust lands, including
11tidelands, submerged lands, or the beds of navigable waters,
12through a legislative grant. A local trustee of granted public trust
13lands is a trustee of state lands.

14(b) Notwithstanding any other law, every local trustee of granted
15public trust lands shall establish and maintain accounting
16procedures, in accordance with generally accepted accounting
17principles, providing accurate records of all revenues received
18from the trust lands and trust assets and of all expenditures of those
19revenues. If a trust grantee has several trust grants of adjacent lands
20and operates the granted lands as a single integrated entity,
21separation of accounting records for each trust grant is not required.

22(c) All revenues received from trust lands and trust assets
23administered or collected by a local trustee of granted public trust
24lands shall be expended only for those uses and purposes consistent
25with the public trust for commerce, navigation, and fisheries, and
26the applicable statutory grant.

27(d) All funds received or generated from trust lands or trust
28assets shall be segregated in separate accounts from nontrust
29received or generated funds.

30(e) (1) Unless otherwise prescribed by an applicable statutory
31grant, on or before December 31 of each year, each local trustee
32of granted public trust lands shall file with the commission a
33detailed statement of all revenues and expenditures relating to its
34trust lands and trust assets, including obligations incurred but not
35yet paid, covering the fiscal year preceding submission of the
36statement.

37(2) The statement shall be prepared in accordance with generally
38accepted accounting principles and may take the form of an annual
39audit prepared by or for the local trustee of granted public trust
40lands.

P6    1(3) (A) The detailed statement shall be submitted along with a
2standardized reporting form developed by the commission.

3(B) The commission shall use an existing reporting form
4previously developed for purposes of this paragraph, if a finding
5is made by the commission that it is generally responsive to the
6needs of the commission as prescribed in this section. Alternatively,
7the commission may develop a reporting form that requires a local
8trustee of granted public lands to report on all of the following:

9(i) A summary of all funds received or generated from trust
10lands or trust assets.

11(ii) A summary of all spending of funds received or generated
12from trust lands or trust assets.

13(iii) Any other disposition of funds received or generated from
14 trust lands or trust assets or of the trust lands or trust assets
15themselves.

16(iv) A description of the manner in which the statement required
17by this subdivision and accompanying the reporting form is
18organized.

19(v) Any other information that the commission deems to be
20included in an accounting of granted public trust lands.

21(C) The adoption of the form by the commission pursuant to
22this subdivision is the prescription of a form for purposes of
23subdivision (c) of Section 11340.9 of the Government Code.

24(4) All forms and supporting statements submitted pursuant to
25this section shall be public records and be made available on the
26commission’s Internet Web site.

27(f) (1) The costs that may be incurred by a local trustee of
28granted public trust lands that result from any new duties imposed
29upon that trustee pursuant to Chapter 206 of the Statutes of 2012,
30including the requirement to submit a standardized reporting form
31required by paragraph (3) of subdivision (e), shall be paid from
32the revenues derived from its granted public trust lands and assets
33specified in subdivision (b).

34(2) If the revenues derived from the granted public trust lands
35and assets specified in subdivision (b) are not sufficient to pay the
36costs for the duties specified in paragraph (1), the commission
37shall exempt the local trustee of granted public trust lands from
38performing those duties for which the revenues are not sufficient,
39or grant a deadline extension from the performance of those duties
40until sufficient funds are available.

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P7    1

SEC. 4.  

Section 48020 of the Public Resources Code is amended
2to read:

3

48020.  

(a) For purposes of this article, the following terms
4have the following meaning:

5(1) “Codisposal site” means a hazardous substance release site
6listed pursuant to Section 25356 of the Health and Safety Code,
7where the disposal of hazardous substances, hazardous waste, and
8solid waste has occurred.

9(2) “Trust fund” means the Solid Waste Disposal Site Cleanup
10Trust Fund created pursuant to Section 48027.

11(b) (1) The department shall, on January 1, 1994, initiate a
12program for the cleanup of solid waste disposal sites and for the
13cleanup of solid waste at codisposal sites where the responsible
14party either cannot be identified or is unable or unwilling to pay
15for timely remediation, and where cleanup is needed to protect
16public health and safety or the environment.

17(2) Notwithstanding subdivision (c) of Section 40192, for
18purposes of this article solid waste disposal sites may include sites
19located in waters of the state.

20(c) The department shall not expend more than 5 percent of the
21funds appropriated for the purpose of the program by a statute
22other than the Budget Act to administer that program, unless a
23different amount is otherwise appropriated to administer the
24program in the annual Budget Act. If a different amount is
25appropriated to administer the program in the annual Budget Act,
26it shall be set forth in a separate line item. All remaining funds
27appropriated for the purposes of the program shall be expended
28on direct cleanup pursuant to subdivision (b) or emergency actions
29at solid waste facilities, disposal sites, sites involving solid waste
30handling, and for solid waste at codisposal sites.

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31

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32begin insertSEC. 4.end insert  

Section 1 of Chapter 321 of the Statutes of 1961 is
33amended to read:

34

Section 1.  

There is hereby granted to the County of Orange
35and to its successors all of the right, title and interest of the State
36of California held by the state by virtue of its sovereignty in and
37to all that portion of the tidelands and submerged lands of the
38Pacific Ocean within the County of Orange, State of California,
39in the following area:

P8    1Commencing at the intersection of the westerly line of fractional
2Section 22, Township 8 South, Range 8 West, San Bernardino
3Base and Meridian with the line of Mean High Tide of the Pacific
4Ocean from which point said westerly Section line bears North 0°
507′ East; thence South 45° 00′ East to the point of intersection with
6a line parallel to and five thousand seven hundred and fifty feet
7(5,750 ft.) southerly of the northerly line of said fractional Section
822; thence easterly along said last mentioned parallel line, 5,750
9feet southerly of the northerly line of Section 22, and the easterly
10prolongation of said parallel line to the point of intersection with
11a meridian line passing through the intersection of the westerly
12line of Rancho Boca de la Playa as said line is established and
13shown on a map recorded in Book 4, Pages 118 and 119 of Patents,
14Records of Los Angeles County, June 29, 1887, and the line of
15Mean High Tide of the Pacific Ocean; thence northerly along said
16meridian line to the intersection with the line of Mean High Tide
17of the Pacific Ocean; thence westerly along said line of Mean High
18Tide to the point of beginning, the same to be forever held by the
19county and by its successors in trust for the uses and purposes and
20upon the express conditions following, to wit:

21(a) That these lands shall be used by the county, and its
22successors, only for the establishment, improvement, and conduct
23of a harbor, and for the construction, maintenance, and operation
24thereon of wharves, docks, piers, slips, quays, and other utilities,
25structures, facilities, and appliances necessary or convenient for
26the promotion and accommodation of commerce and navigation,
27and for recreational use, public park, parking, highway, playground,
28and business incidental thereto; and the county, or its successors,
29shall not, at any time, grant, convey, give, or alien these lands, or
30any part thereof, to any individual, firm, or corporation for any
31purposes whatever; provided, that the county, or its successors,
32may grant franchises thereon for limited periods (but in no event
33exceeding 50 years), for wharves and other public uses and
34purposes and may lease these lands, or any part thereof, for limited
35periods (but in no event exceeding 50 years), for purposes
36consistent with the trust upon which these lands are held by the
37State of California, and with the requirements of commerce and
38navigation at the harbor, and collect and retain rents from these
39leases.

P9    1(b) That these lands shall be improved by the county without
2expense to the state, and shall always remain available for public
3use for all purposes of commerce and navigation, and the State of
4California shall have at all times, the right to use, without charge,
5all wharves, docks, piers, slips, quays, and other improvements
6and facilities constructed on these lands, or any part thereof, for
7any vessel or other water or aircraft, or railroad, owned or operated
8by the State of California.

9(c) That in the management, conduct, or operation of the harbor,
10or of any of the utilities, structures, appliances, or facilities
11mentioned in subdivision (a), no discrimination in rates, tolls, or
12charges or in facilities for any use or service in connection
13therewith shall ever be made, authorized, or permitted by the
14county or its successors.

15(d) There is hereby reserved, however, in the people of the State
16of California the absolute right to fish in the waters of the harbor
17with the right of convenient access to the waters over these lands
18for these purposes.

19(e) There is hereby excepted and reserved to the State of
20California all deposits of minerals, including oil and gas, in the
21land, and to the State of California, or persons authorized by the
22State of California, the right to prospect for, mine, and remove
23deposits from the land.

24(f) The lands herein described are granted subject to the express
25reservation and condition that the state may at any time in the
26future use these lands or any portion thereof for highway purposes
27without compensation to the county, its successors or assigns, or
28any person, firm, or public or private corporation claiming under
29it, except that in the event improvements have been placed upon
30the property taken by the state for these purposes, compensation
31shall be made to the person entitled thereto for the value of his or
32her interest in the improvements taken or the damages to the
33interest.

34(g) That within 10 years from the effective date of this act these
35lands shall be substantially improved by the county without
36expense to the state, and if the State Lands Commission determines
37that the county has failed to improve these lands as herein required,
38all right, title, and interest of the county in and to all lands granted
39by this act shall cease and these lands shall revert and vest in the
40state.

P10   1(h) (1) That any funds derived from the management, conduct,
2or operation of the lands described in this section shall be used
3within the geographic boundary of the lands for purposes consistent
4with subdivision (a).

5(2) Notwithstanding paragraph (1), funds derived from the
6management, conduct, or operation of these lands may also be
7expended on state-owned tidelands and submerged lands, outside
8the geographic boundary of these lands within the County of
9Orange and southeasterly of the southern city limits of the City of
10Laguna Beach, to fund the portion of the Dana Point Branch of
11the Orange County Harbor Patrol that provides direct protection
12for public health, safety, and security relating to navigation and
13other public trust uses on state-owned tidelands and submerged
14lands.

15(i) (1) Notwithstanding subdivision (h), any funds derived from
16the management, conduct, or operation of the lands described in
17this section may be used to purchase, lease, or otherwise acquire
18real property necessary for or incidental to the development and
19operation of a harbor and that property shall be held as an asset of
20the trust and used for purposes consistent with the trust grant.

21(2) If the real property that is proposed to be purchased, leased,
22or acquired is adjacent to the geographic boundary of the lands,
23the county, or its successors, shall give written notice of the
24proposed expenditure to the State Lands Commission at least 90
25days before purchasing, leasing, or acquiring the real property in
26excess of one hundred thousand dollars ($100,000), but not more
27than five hundred thousand dollars ($500,000). Expenditures in
28excess of five hundred thousand dollars ($500,000) for real
29property adjacent to the geographic boundary of those lands shall
30not be made unless the State Lands Commission approves the
31expenditure pursuant to Chapter 2 (commencing with Section
326701) of Part 2 of Division 6 of the Public Resources Code. For
33the purpose of this subdivision, “adjacent” means adjoining or
34separated by a street or road.

35(3) If the real property that is proposed to be purchased, leased,
36or acquired is not adjacent to the geographic boundary of the lands,
37the county, or its successors, shall give written notice of the
38proposed expenditure to the State Lands Commission at least 90
39days before purchasing, leasing, or acquiring the real property not
40to exceed fifty thousand dollars ($50,000). Expenditures in excess
P11   1of fifty thousand dollars ($50,000) for real property not adjacent
2to the geographic boundary of those lands may not be made unless
3the State Lands Commission approves the expenditure pursuant
4to Chapter 2 (commencing with Section 6701) of Part 2 of Division
56 of the Public Resources Code.

6(4) The notice required in paragraphs (2) and (3) shall include
7the total proposed expenditure from the tideland’s trust, the location
8of the real property, the purpose of the purchase, acquisition, or
9lease, and an explanation of how the purchase, acquisition, or lease
10is consistent with the terms of the trust grant.



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