BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          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  
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          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  
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          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  
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               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  
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            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





























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