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