BILL ANALYSIS Ó
AB 2764
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2764 (Natural Resources Committee) - As Amended: April 21,
2014
Policy Committee: Natural
ResourcesVote:8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This omnibus committee bill:
1)Makes technical revisions to the State Lands Commission's
(SLC) authority to cede concurrent criminal jurisdiction to
the United States within certain lands held by the United
States. Extends the maximum period of cession from five years
to 10 years. Authorizes SLC to approve cession at a
regularly noticed Commission meeting.
2)Changes the deadline for a local trustee's annual report to be
filed with the SLC from October 1 to December 31.
3)Fixes a technical drafting error in an ARB code section
regarding expense reimbursements for ARB members.
4)Expressly authorizes Orange County to use public trust
revenues from its granted public trust lands on lands located
outside of the grant boundaries if those revenues are used for
trust purposes.
5)Amends the definition of "marine waters" to include waterways
used for vessel traffic to the Port of Sacramento and the Port
of Stockton.
FISCAL EFFECT
No additional state costs.
COMMENTS
AB 2764
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1)Purpose and Background. This bill provides technical
corrections and modifications to statutes governing the SLC
and ARB.
a) Ceding Concurrent Criminal Jurisdiction. The
Legislature has enacted a number of special statutes in the
last 160 years with respect to cession of the state's
concurrent criminal jurisdiction over federally owned lands
used for military purposes and national parks. Cession
hearings are held separately from the regular public SLC
meetings. Since 1981, there only have been two occasions
when members of the public attended these cession hearings.
The process would be more efficient if hearings could be
incorporated into the regular SLC meetings and if cession
could be extended by five years.
b) Local Trustee Annual Report . This bill changes the date
local trustees are required to submit their financial
information to the SLC from October 1 of each year to
December 31st of each year. Many local trustees regularly
request an extension because their financial records are
still being audited, and often the auditing is not
completed until the end of December.
c) Orange County Tidelands Grant . This bill amends an
Orange County public trust land granting statute to provide
the Dana Point Harbor District with a more flexible
approach for purchasing, leasing, or acquiring non-adjacent
lands for vessel storage during upcoming harbor
redevelopment work. This bill addresses concerns about the
Dana Point Harbor Patrol patrolling areas outside of the
geographic region of the grant. The use of public trust
revenues for these purposes is generally consistent with
the Public Trust Doctrine.
d) Marine Waters . SLC oil spill prevention statutes
exclude the Sacramento Delta from the definition of "marine
waters." SLC, however, asserts oil spill jurisdiction over
parts of the Sacramento Delta pursuant to the definition of
"marine facility," which includes a facility "located where
a discharge could impact marine waters." According to SLC
staff, an oil spill at a marine facility at the Port of
Sacramento or the Port of Stockton could impact marine
waters outside the Delta. Moreover, the term "marine
AB 2764
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waters" has been amended in the Government Code and Revenue
and Taxation Code to include waterways used for vessel
traffic to the Port of Sacramento and the Port of Stockton.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081