BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2764
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          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.








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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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