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 RELEVANTASSEMBLY 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 ****