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 ----------------------------------------------------------------- |Author: |Hall | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |September 1, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Katharine Moore | | | | ----------------------------------------------------------------- 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 SB 399 (Hall) Page 2 of ? 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." SB 399 (Hall) Page 3 of ? "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 SB 399 (Hall) Page 4 of ?