BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 399|
|Office of Senate Floor Analyses | |
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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.
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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
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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
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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,
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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
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