BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 399          Hearing Date: September 9,  
          2015    
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          |Author:    |Hall                   |           |                 |
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          |Version:   |September 1, 2015    Amended                         |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Katharine Moore                                      |
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            Subject:  Tidelands and submerged lands: City of Los Angeles.

          BACKGROUND AND EXISTING LAW
          
          Existing law 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.

          Existing law also 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.  The Legislature has granted, 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.  There local agencies include, for example, Ports of  
          Los Angeles, and San Diego among others.  Public trust lands can  
          be leased only for those uses consistent with the public trust.   
          The commission retains oversight authority.

          In 1911, the Legislature granted, in trust to the City of Los  
          Angeles, to all tidelands and submerged lands within the  







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          boundaries of the city and situated below the mean high tide  
          line subject to certain conditions and specified purposes (c.  
          656, Stats. 1911).  The purposes include promotion of commerce,  
          navigation, and fishery purposes, among others. Since 1911 there  
          have been several revisions to the statutes granting the City of  
          Los Angeles these public trust lands.  The original statute  
          allowed for the City of Los Angeles to grant franchises on or  
          agree to leases for limited terms.  The maximum length of the  
          limited term was later amended to 30 years (c. 115, Stats. 1917)  
          and, in 1951, further extended to 50 years (c. 443, Stats.  
          1951).

          Existing law 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). 

          PROPOSED LAW
          This bill would extend 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.



          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."









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          "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."

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS
          The public trust. 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 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.


          SUPPORT
          Los Angeles City Councilmember Joe Buscaino (sponsor)
          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
          Pacific Merchant Shipping Association
          San Pedro Chamber of Commerce
          SBCC Thrive LA
          Worldwide Boaters Safety Group

          OPPOSITION
          None Received








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