BILL ANALYSIS Ó
AB 2764
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2764 (Natural Resources Committee)
As Amended August 19, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |35-0 |(August 27, |
| | | | | |2014) |
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Original Committee Reference: NAT. RES.
SUMMARY : Makes amendments to statutes related to 1) the State
Lands Commission's (Commission) authority to cede concurrent
criminal jurisdiction to the United States over military and
national parks land, 2) reporting requirements imposed on local
trustees of public trust lands, 3) the Air Resources Board's
(ARB) code section regarding expense reimbursements for ARB
members, and 4) the Orange County public trust granting statute.
The Senate amendments delete proposed amendments to the
Commission's oil spill statutes.
EXISTING LAW :
1)Protects, pursuant to the common law doctrine of the Public
Trust (Public Trust Doctrine), the public's right to use
California's waterways for commerce, navigation, fishing,
boating, natural habitat protection, and other water oriented
activities. Requires, through the Public Trust Doctrine, that
filled and unfilled tide and submerged lands and the beds of
lakes, streams, and other navigable waterways (public trust
lands) are to be held in trust by the state for the benefit of
the people of California.
2)Requires the Commission to be the steward and manager of the
state's public trust lands. Gives the Commission direct
administrative control over the state's public trust lands and
oversight authority over public trust lands granted by the
Legislature to local governments.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (local trustees) to be managed for the benefit
of all the people of the state and pursuant to the Public
Trust Doctrine and terms of the applicable granting statutes.
AB 2764
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(This includes a grant of public trust lands located at Dana
Point Harbor to Orange County for the promotion of harbor
construction, operation, and related activities.)
4)Requires that all revenues received by a local trustee from
its trust lands and trust assets be expended only for those
uses and purposes consistent with the public trust for
commerce, navigation, and fisheries, and the applicable
statutory grant or grants. By October 1 of each year,
requires each local trustee to file with the Commission a
detailed statement of all revenues and expenditures relating
to its trust lands and trust assets, including obligations
incurred but not yet paid, covering the fiscal year preceding
submission of the statement.
5)Authorizes the Commission to cede concurrent criminal
jurisdiction for no more than a five year period to the United
States within certain lands held by the United States, as
specified.
FISCAL EFFECT : According to the Senate Appropriations
Committee, minor cost savings to the General Fund for reduced
Commission staff time for activities regarding the cession of
concurrent criminal jurisdiction.
COMMENTS :
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. These provisions can now be found
in Government Code Section 126. This bill makes cleanup
amendments, allows a cession to last up to ten years, and allows
the Commission to authorize cession at its regular public
meetings. Cession hearings happen separately from the regular
public Commission meetings. Since 1981, there only have been
two occasions when members of the public attended these cession
hearings. Commission staff spends considerable time, effort,
and expense to set up the hearings that is generally not
attended by either the United States or the general public for
whom it is intended. The process would be more efficient if
hearings could be incorporated into the regular Commission
meetings and if cession could be extended by five years.
AB 2764
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Local Trustee Annual Report. This bill changes the date local
trustees are required to submit their financial information to
the Commission from October 1 of each year to December 31st of
each year. This change has been suggested by Commission staff
because many local trustees regularly request an extension from
the Commission because their financial records are still being
audited, and often the auditing is not completed until the end
of December.
Orange County Tidelands Grant. This bill amends an Orange
County public trust land granting statute to provide the Dana
Point Harbor District with a more flexible approach for
purchasing, leasing, or acquiring non-adjacent lands for vessel
storage during upcoming harbor redevelopment work. The
amendments also address concerns about the Dana Point Harbor
Patrol patrolling areas outside of the geographic region of the
grant.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
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