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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