BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2764|
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THIRD READING
Bill No: AB 2764
Author: Assembly Natural Resources Committee
Amended: 8/19/14 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 8-0, 6/10/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Monning,
Wolk
NO VOTE RECORDED: Lara
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 6/25/14
AYES: Hill, Hancock, Jackson, Leno, Pavley
NOES: Gaines
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Public resources
SOURCE : State Lands Commission
DIGEST : This bill makes technical revisions to the State
Lands Commissions (SLC) authority to cede concurrent criminal
jurisdiction to the U.S. within certain lands held by the U.S.;
extends the maximum period of cession from five years to 10
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years; and authorizes SLC to approve cession at a regularly
noticed SLC meeting.
ANALYSIS :
Existing law:
1.Establishes the SLC in the Natural Resources Agency and
prescribes the functions and duties of the SLC. Under
existing law, the SLC cedes concurrent criminal jurisdiction
to the U.S. with regard to specified properties.
2.Requires that every local trustee of granted public trust
lands, as defined and except as provided, file with the SLC,
on or before October 1 of each year, a detailed statement of
all revenues and expenditures relating to its trust lands and
trust assets, as prescribed, including obligations incurred,
but not yet paid, covering the fiscal year preceding the
submission of the statement.
3.Authorizes a grant in the form of a trust of specified
tidelands and submerged lands to the County of Orange, subject
to certain restrictions, including that the lands remain
available for public use.
4.Establishes the Air Resources Board (ARB), which is
responsible for control of emissions from motor vehicles and
is designated the air pollution control agency for all
purposes set forth in federal law. Requires the ARB to
consist of 12 members, who are appointed based on certain
qualifications. Provides for the compensation of those
members.
5.Establishes the Solid Waste Disposal Site Cleanup Trust Fund
(Fund) and provides that monies in the Fund are continuously
appropriated for purposes of the Solid Waste Disposal and
Codisposal Site Cleanup Program.
This bill:
1.Makes technical revisions to the SLC authority to cede
concurrent criminal jurisdiction to the U.S. within certain
lands held by the U.S. Extends the maximum period of cession
from five years to 10 years. Authorizes SLC to approve
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cession at a regularly noticed SLC 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.Amends a grant of public lands to Orange County to allow
public trust revenues from its granted lands to be used beyond
the grant boundaries so long as the funds are being used for
trust purposes on other state-owned tidelands and submerged
lands.
5.Allows granted land revenues to be used to purpose, lease, or
acquire real property necessary for the development and
operation of a harbor, subject to specified conditions.
Background
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, minor cost
savings to the General Fund for reduced SLC staff time for
activities regarding the cession of concurrent criminal
jurisdiction.
SUPPORT : (Verified 8/19/14)
State Lands Commission (source)
Orange County Board of Supervisors
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ARGUMENTS IN SUPPORT : The County of Orange states that this
bill will "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."
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
RM:k 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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