BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 2764 HEARING DATE: June 10, 2014 AUTHOR: Assembly Natural Resources URGENCY: No VERSION: April 21, 2014 CONSULTANT: Toni Lee DUAL REFERRAL: Environmental QualityFISCAL: Yes SUBJECT: Public resources: State Lands Commission: State Air Resources Board. BACKGROUND AND EXISTING LAW Periodically, state entities within the jurisdiction of the Assembly Committee on Natural Resources identify noncontroversial technical and clarifying changes necessary to correct and refine existing law. This omnibus committee bill contains five sections to amend the Government (GOV), Health and Safety (HSC), and Public Resources (PRC) Codes, as well as Chapter 321 of the Statutes of 1961. 1. Existing law establishes the State Lands Commission (SLC) in the Natural Resources Agency and prescribes its functions and duties (PRC §6101 et seq.). The federal government may hold state lands for the erection of forts, magazines, arsenals, dockyards, and other buildings or the establishment, consolidation, or extension of national forests. The SLC may cede concurrent criminal jurisdiction to the United States in these lands for up to five years (GOV §126). SLC cannot make a cession without first having held a noticed public hearing. Currently, these cession hearings occur separately from regular public SLC meetings. In a January 2014 memorandum, SLC staff report that since 1981, the federal government has generally not attended cession hearings, and there have only been two occasions when members of the public attended a cession hearing. According to this memorandum, staff invest considerable time, effort, and expense in organizing these hearings. SLC staff suggested streamlining this process through incorporating the cession hearings into the regular SLC meetings and extending the cession period by five 1 years. 2. Existing law requires that every local trustee of granted public trust lands file a statement by October 1 of each year detailing all related revenues and expenditures for the fiscal year preceding submission of the statement (PRC §6306). SLC staff suggest changing the annual financial reporting deadline from October 1st to December 31st since the auditing of many local trustees' financial records is often not completed until the end of December, prompting regular request extensions by trustees. 3. Existing law, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, requires the administrator for oil spill response to implement activities relating to oil spill response (PRC §8750). Persons violating specified provisions of the act must incur various administrative civil and criminal penalties. For the provisions of the act under the jurisdiction of SLC, marine waters are defined to exclude specified waters in the Sacramento-San Joaquin Rivers and Delta. However, these provisions also require SLC to assert 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. 4. Existing law establishes the State Air Resources Board (ARB), which is responsible for controlling motor vehicle emissions and is designated as the air pollution control agency for all provisions of federal law (HSC §8750). ARB consists of twelve total members with six members chosen from professions relevant to air quality and six members from the boards of air districts within California. Current law provides for compensation of these members. 5. Existing law, the common law doctrine of the Public Trust (Public Trust Doctrine), protects the right of the public to use waterways in California for commerce, navigation, fishing, boating, natural habitat protection, and other water oriented activities. Tide and submerged lands, lake beds, and navigable waterways are held in trust by the state for the benefit of Californians as "public trust lands." These lands include parcels at Dana Point granted to the County of Orange for the construction of facilities, the promotion of commerce, recreational, and other public uses (Ch. 321, Stats. 1961). Since the late 90s, the County of Orange has been engaged in the Dana Point Revitalization Plan, which, among other goals, seeks to improve harbor infrastructure, water quality, parking 2 capacity, and restroom availability. 6. Existing law establishes the Solid Waste Disposal and Codisposal Site Cleanup Program (Program) executed under the Department of Resources Recycling and Recovery (CalRecycle) to address cleanup of solid waste disposal and codisposal (hazardous substance, hazardous waste, and solid waste) sites where the responsible party cannot be identified or is unable or unwilling to pay for timely remediation to protect public health and safety or the environment (PRC §48020 et seq.). To execute these provisions, existing law establishes the Solid Waste Disposal Site Cleanup Trust Fund (Fund). Using Fund monies, CalRecycle had previously engaged with SLC to remove vessels abandoned on state submerged lands. The legal office at CalRecycle, however, has raised doubts concerning use of the Fund for this purpose. According to CalRecycle staff, specifying that the Program applies to sites in state waters would resolve this issue. Since PRC §40192 already includes the waters of the state as a potential area for a solid waste disposal site, this may be accomplished through adding a simple cross reference. PROPOSED LAW This bill would: 1. With regard to SLC's authority to cede concurrent criminal jurisdiction to the United States within federal lands, make technical cleanup changes, require that the United States must bear all costs incurred by SLC in making cessions, extend the maximum period of cession from 5 to 10 years, and authorize SLC to approve cessions at regularly noticed Commission meetings. 2. Fix an erroneous cross-reference to clarify that members of ARB selected from the boards of various air districts in the state must be reimbursed for their expenses from the district in which they serve. 3. Change the deadline for a local state land trustee to submit their annual report to SLC from October 1 to December 31. 4. In provisions guiding SLC's oil spill response duties, amend the definition of "marine waters" to include waterways used for vessel traffic to the Ports of Sacramento and Stockton. 5. Authorize Orange County to use public trust revenues from its granted public trust lands at Dana Point on lands beyond the grant boundaries, provided revenues are used for trust purposes. Expenditures may fund the portion of the 3 Dana Point Branch of the Orange County Harbor Patrol that provides services to trust uses on state-owned tidelands. 6. In the definitions governing jurisdiction of the SWDCSCP, redefine "solid waste disposal sites" to include the deposition of solid wastes into the waters of the state. ARGUMENTS IN SUPPORT According to the authors, SLC 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 waters" has been amended in the Government (§8670.3(l)) and Revenue and Taxation Code (§46018) to include waterways used for vessel traffic to the Port of Sacramento and the Port of Stockton. The authors add that Dana Point Harbor District requires a more flexible approach for purchasing, leasing, or acquiring non-adjacent lands for vessel storage during upcoming harbor redevelopment work. The proposed use of public trust revenues from tidelands at Dana Point is generally consistent with the Public Trust Doctrine. The County of Orange states that this bill would "directly benefit the Dana Point Harbor community and allow for offsite mitigation necessary for the Revitalization Project to continue as mandated by the California Coastal Commission in the certified Local Coastal Plan." SLC states that this bill modernizes and improves granted public trust lands and oil spill prevention programs by "aligning the financial reporting due dates with local auditing timeframes." SLC also asserts that provisions relating to the County of Orange are necessary to "accommodate changing trust needs" and that it is necessary "to update the State's cession statute by deleting provisions that were an outgrowth of older jurisdiction concepts and which are inconsistent with today's understanding of jurisdiction law." ARGUMENTS IN OPPOSITION None received COMMENTS 1.The changes proposed in this bill are non-controversial in 4 nature, with many resulting from collaborative activities between SLC and local government. In addition, the Assembly Appropriations Committee projects that this bill will impose no additional state costs. 2.If enacted, SB 1424 (Wolk) would grant specified tidelands to the City of Martinez and, consistent with these provisions, would require the city to submit a financial report with SLC by October 1 of each year. SB 1424 has been amended in anticipation of this bill changing this deadline to December 31. SUPPORT State Lands Commission Staff (Sponsor) Orange County Board of Supervisors OPPOSITION None Received 5