BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 399|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                UNFINISHED BUSINESS 


          Bill No:  SB 399
          Author:   Hall (D)
          Amended:  9/1/15  
          Vote:     21  

           PRIOR VOTES NOT RELEVANT  
           
           ASSEMBLY FLOOR:  80-0, 9/3/15 - See last page for vote

           SUBJECT:   Tidelands and submerged lands: City of Los Angeles


          SOURCE:    Los Angeles City Councilmember Joe Buscaino

          DIGEST:   This bill extends from 50 to 66 years the maximum term  
          that the City of Los Angeles may lease or grant, as specified,  
          its tidelands and submerged lands for specified purposes.

          Assembly Amendments delete the Senate version of the bill,  
          relating to the posting of votes by the California Gambling  
          Control Commission, and instead add the current language.

          ANALYSIS:
               
          Existing law:

          1)Protects, pursuant to the common law doctrine of the public  
            trust, the public's right to use California's waterways for  
            commerce, navigation, fishing, boating, natural habitat  
            protection, and other water oriented activities.  The public  
            trust doctrine provides that filled and unfilled tide and  
            submerged lands and the beds of lakes, streams, and other  
            navigable waterways are to be held in trust by the state for  
            the benefit of the people of the state.  









                                                                     SB 399  
                                                                    Page  2



          2)Requires the State Lands Commission (commission) to be the  
            steward and manager of the state's public trust lands.  The  
            commission has 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, public trust lands to over 80 local public  
            agencies 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.

          4)Prohibits any public trust lands, granted to any city by the  
            state, from being leased more than 66 years unless the  
            grantee's statute specifies the term for which granted lands  
            may be leased (Civil Code Section 718). 

          5)Requires public trust lands to be leased only for those uses  
            consistent with the public trust.

          6)Grants to the City of Los Angeles all the right, title and  
            interest in the state in and to all tidelands and submerged  
            lands, as specified, within the boundaries of the city in  
            trust for specified purposes, including promotion of commerce,  
            navigation and fishery, among others.

          7)Authorizes the City of Los Angeles to grant franchises and  
            permits on, and leases of, those lands, or any part thereof,  
            for these purposes and a for limited terms of not more than 50  
            years.

          This bill extends from 50 to 66 years the maximum term that the  
          City of Los Angeles may lease or grant, as specified, its  
          tidelands and submerged lands for specified purposes.

          Background
          
          The foundation of the common law public trust doctrine is that  
          there is an affirmative duty of the state to protect the  
          people's common heritage in navigable waters for their common  
          use.  The traditional uses allowed under the public trust  
          doctrine were water-related commerce, navigation, and fisheries.  
           As a common law doctrine, however, the public trust doctrine  








                                                                     SB 399  
                                                                    Page  3



          has evolved and been extended by the courts.  The courts have  
          found that the public uses to which sovereign lands are subject  
          are sufficiently flexible to encompass changing public needs.   
          These include preservation of these lands in their natural state  
          and as environments that provide food and habitat for birds and  
          marine life. Sovereign lands subject to the public trust cannot  
          be sold into private ownership.

          For over 100 years, the Legislature has granted public trust  
          lands to local governments so the lands can be managed locally  
          for the benefit of the people of California.  There are over 80  
          trustees in the state, including the Ports of Los Angeles, Long  
          Beach, San Diego, San Francisco, Oakland, Richmond, Benicia, and  
          Eureka.  While these trust lands are managed locally, the  
          commission retains oversight authority to ensure those local  
          trustees are complying with the public trust doctrine and the  
          applicable granting statutes.

          In 1911, the Legislature granted, in trust, three public trust  
          parcels to the City of Los Angeles.  Since then there have been  
          many revisions to the statutes granting the City of Los Angeles  
          those lands.  The original statute allowed for 25 year leases.   
          This term was later amended to 30 years and, in 1951, lengthened  
          to 50 years.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/28/15)


          Los Angeles City Councilmember Joe Buscaino (source)
          California Association of Harbor Masters and Port Captains
          California State Lands Commission
          California Yacht Brokers Association
          City of Los Angeles Mayor Eric Garcetti
          Los Angeles Area Chamber of Commerce
          Los Angeles/Orange Counties Building and Construction Trades  
          Council
          Marina Recreation Association
          National Marine Manufacturers Association








                                                                     SB 399 
                                                                    Page  4



          San Pedro Chamber of Commerce
          SBCC Thrive LA
          Worldwide Boaters Safety Group


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, "The Port of  
          Los Angeles and the surrounding San Pedro-Wilmington communities  
          are closely linked to their history and commercial activity  
          along its waterfront. Over the years, due to an expansion in  
          port activity and a reduction of other commercial or residential  
          development, the waterfront area now offers only isolated areas  
          of successful visitor-oriented commercial enterprises amidst a  
          growing inventory of abandoned, vacant or underutilized areas."


          "To address this inconsistent land use, the City of Los Angeles  
          and the Los Angeles Harbor Department initiated the LA  
          Waterfront planning and development program." This program is  
          intended to provide "waterfront access with landscaped  
          boulevards, promenades, parks and urban squares as well as  
          development opportunities."


          "This bill will support bold actions taken by the City of Los  
          Angeles to improve and better connect the Los Angeles waterfront  
          area to tourists and the community, generate enhanced public and  
          private investments, promote transit use, create jobs and  
          increase public access to their waterfront."
           
           ASSEMBLY FLOOR:  80-0, 9/3/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  








                                                                     SB 399  
                                                                    Page  5



            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
          9/3/15 18:23:43


                                   ****  END  ****