BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AB 2764
                                                                       

                       SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                               Senator Jerry Hill, Chair
                               2013-2014 Regular Session
                                            
           BILL NO:    AB 2764
           AUTHOR:     Assembly Committee on Natural Resources
           AMENDED:    June 11, 2014
           FISCAL:     Yes               HEARING DATE:     June 25, 2014
           URGENCY:    No                CONSULTANT:       Karen Morrison
            
           SUBJECT  :    PUBLIC RESOURCES

            SUMMARY  :    
           
            Existing law  :

           1) Provides that the State Lands Commission (SLC) may cede  
              concurrent criminal jurisdiction to the United States under  
              specified conditions (Government Code §126).

           2) Establishes the requirements for members of the State Air  
              Resources Board (ARB) and specifies how the members will be  
              reimbursed (Health and Safety Code §39510 et seq.).

           3) Requires local trustees of granted public trust lands to file  
              fiscal statements with SLC annually by October 1 (Public  
              Resources Code (PRC) §6306).

           4) Defines "marine waters" as waters subject to tidal influence,  
              excluding specified waters in the Sacramento-San Joaquin  
              Rivers and Delta in the context of the jurisdiction of the  
              Office of Spill Prevention and Response (OSPR) (PRC §8750).

           5) Authorizes the Department of Resources Recycling and Recovery  
              (CalRecycle) to use funds from the Solid Waste Disposal Site  
              Cleanup Trust Fund (Fund) for the cleanup of solid waste  
              disposal sites in the place of a responsible party, as  
              specified, and where cleanup is needed to protect public  
              health and safety or the environment (PRC §48020).

           6) Grants Orange County a public trust for the tidelands and  
              submerged lands in the Dana Point area for the purposes of  
              commerce, recreation, and other public uses (Section 1 of  









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              Chapter 321 of the Statutes of 1961).

            This bill  :

           1) Authorizes SLC to make the cession at a publicly-noticed  
              meeting of SLC, extends the period of cessation from 5 to 10  
              years, requires the United States government to bear costs  
              associated with cessation, and makes technical corrections.

           2) Makes a technical correction to specify how ARB members who  
              serve on regional air resources boards are to be reimbursed.

           3) Requires trustees of granted public trust lands to complete  
              their annual filing with SLC by December 31 and updates a  
              cross-reference.

           4) Expands the definition of "marine waters" to include  
              waterways used for commercial waterborne traffic through the  
              Sacramento-San Joaquin Rivers and the Delta to the Ports of  
              Sacramento and Stockton.

           5) Allows CalRecycle to use funds from the Fund to clean up  
              sites located in waters of the state.

           6) Permits Orange County to use funds generated within public  
              trust lands for development of the Dana Point Branch of the  
              Orange County Harbor Patrol, and allows funds to be used to  
              purchase, lease, or acquire property for development of the  
              public trust lands. 

            COMMENTS  :

            1) Cessation of concurrent jurisdiction  .  California law  
              reflects several provisions related to ceding the state's  
              concurrent criminal jurisdiction over federally owned lands  
              used for military purposes and national parks.  The bill  
              cleans up outdated provisions, allows a cessation to last ten  
              years rather than five, and allows SLC to authorize cessation  
              at its regular public meetings.  Currently, cessation  
              hearings happen separately from the regular meetings, and in  
              the last 33 years, there have only been two occasions when  
              members of the public have attended the hearings.










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            2) Local trustee annual report  .  According to SLC staff, this  
              change will accommodate the timeline for local trustees and  
              their current financial auditing process.

            3) Marine waters  .  According to SLC staff, a spill at a marine  
              facility at the Stockton or Sacramento Ports could affect  
              marine waters outside of the Delta.  The bill amends the  
              definition of "marine waters" to provide consistency with the  
              definition of "marine facility" under OSPR and other areas of  
              the code.

            4) Disposal site cleanup  .  Under statute, CalRecycle can only  
              use money from the Fund to provide cleanup to sites on land.   
              In recent years, CalRecycle has engaged with SLC on a pilot  
              basis to help remove abandoned vessels on state submerged  
              lands.  These removal projects are expensive, and often  
              require large, specialized equipment in order to complete the  
              cleanup.  This bill would provide flexibility to CalRecycle  
              in using the Fund to pay for these operations.

            5) Orange County tidelands grant  .  This bill provides the Dana  
              Point Harbor District with more flexibility in their harbor  
              patrolling and redevelopment work.

            6) Double Referral to Senate Natural Resources & Water  
              Committee  .  This measure was heard in Senate Natural  
              Resources & Water Committee on June 10, 2014, and passed out  
              of committee with a vote of 8-0.


            SOURCE  :        State Lands Commission  

           SUPPORT  :       Orange County Board of Supervisors
            
           OPPOSITION  :    None on file