BILL NUMBER: SB 399 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JUNE 25, 2015
INTRODUCED BY Senator Hall
FEBRUARY 25, 2015
An act to amend Section 1 of Chapter 651 of the Statutes of 1929,
relating to tidelands and submerged lands.
LEGISLATIVE COUNSEL'S DIGEST
SB 399, as amended, Hall. Tidelands and submerged lands: City of
Los Angeles.
Existing law grants to the City of Los Angeles all the right,
title, and interest of the State of California in and to all
tidelands and submerged lands situated below the line of mean high
tide of the Pacific Ocean within the boundaries of the city in trust
for certain purposes, including promotion of commerce, navigation,
and fishery, and for certain specific uses relating to these
purposes. Existing law authorizes the City of Los Angeles to grant
franchises and permits on, and leases of, those lands, or any part
thereof, for specified purposes and for a term not exceeding 50
years.
This bill would authorize the City of Los Angeles to renew a
franchise or permit on, or lease of, those lands for those specified
purposes for an additional such term or terms
term, not to exceed 25 years .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1 of Chapter 651 of the Statutes of 1929, as
amended by Section 1 of Chapter 1130 of the Statutes of 2002, is
amended to read:
Sec. 1. There is hereby granted to the City of Los Angeles,
hereinafter called "city," a municipal corporation of the State of
California, and to its successors, all the right, title, and interest
of the State of California, held by the state by virtue of its
sovereignty, in and to all tidelands and submerged lands, whether
filled or unfilled, situated below the line of mean high tide of the
Pacific Ocean, within the present boundaries of the city, or of any
harbor, estuary, bay, or inlet within those boundaries, except as
hereinafter provided, to be forever held by the city, and by its
successors, in trust for the following uses and purposes, and upon
the following conditions:
(a) The lands shall be held by the city, and by its successors, in
accordance with the provisions of this act, for purposes in
connection with, or for the promotion and accommodation of, commerce,
navigation, and fishery, and for those purposes specified in Section
3 of this act.
(b) Except as otherwise provided in this act, the city, or its
successors, shall not grant, convey, give, or alienate the lands, or
any part thereof, to any individual firm or corporation for any
purpose whatsoever; provided that the city, or its successors, may
grant franchises and permits thereon for a limited
terms, term, not to exceed 50 years,
subject to the right of renewal by the city for a further
such term or terms, term, not to exceed 25 years,
for purposes in connection with, or for the promotion and
accommodation of, commerce, navigation, fishery, and for any purposes
specified in Section 3 of this act, and may lease the lands, or any
part thereof thereof, for a
limited terms, term, not to exceed 50
years, subject to the right of renewal by the city for a further
such term, or terms term, not to exceed 25
years, for any and all purposes which shall not interfere with
the trusts upon which the lands are held by the State of
California. state.
(c) The tide and submerged lands shall be improved by the city
without expense to the state, and any harbor constructed thereon
shall always remain a public harbor for all purposes of commerce and
navigation, and the state shall have, at all times, the right to use,
without charge, all wharves, docks, piers, slips, quays, and other
improvements constructed by the city on the lands, or any part
thereof, for any vessel or other watercraft, or railroad, owned or
operated by the state.
(d) In the management, conduct, or operation of any harbor, or of
any of the utilities, structures, or appliances constructed in
connection therewith, no discrimination in rates, tolls, or charges,
or in facilities, for any use or service in connection therewith
shall ever be made, authorized, or permitted by the city, or by its
successors.
There is reserved in the people of the State of California the
absolute right to fish in the waters, with the right of convenient
access to the waters over the lands for those purposes. The grant
herein made shall not include those tidelands or submerged lands
within those certain areas known as the Westgate addition acquired by
the City of Los Angeles by annexation on June 14, 1916, or the Santa
Monica canyon addition acquired by the City of Los Angeles by
annexation on April 28, 1925, or the Venice addition acquired by the
City of Los Angeles by consolidation on November 25, 1925.