BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1172 Hearing Date: March 29,
2016
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|Author: |Hancock | | |
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|Version: |February 18, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Matthew Dumlao |
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Subject: Tidelands and submerged lands: City of Albany
BACKGROUND AND EXISTING LAW
Since 1850, the California Legislature has periodically granted
public trust lands to local jurisdictions to hold and manage
according to various terms and conditions. These lands remain
subject to the Public Trust Doctrine and the State Lands
Commission (commission) oversees the grants to ensure the use
and management of the trust lands is consistent with the Public
Trust Doctrine and granting statutes.
In 1919, the Legislature granted the City of Albany (city) three
parcels of submerged tidelands along the San Francisco Bay
waterfront (Chapter 211, Statutes of 1919). These lands include
what is known as the Albany Neck and Bulb portion of the
waterfront. The Neck and Bulb are located at the base of
Buchanan Street and protrude into the bay.
In 1977, the city adopted the Albany Waterfront Plan, which
reflected the city's plans at that time for
recreational-oriented development, including constructing a
small craft marina and retail complex. Later that year, the
Legislature amended the original trust lands grant from 1919 to
require that future development is consistent with the Albany
Waterfront Plan (Chapter 1223, Statutes of 1977). However, the
plan was never implemented.
Since 1977, policy at the local, regional, and State levels has
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shifted away from commercial waterfront development on the
publically-owned portion of the Albany waterfront. The city is
currently in the process of developing a new plan for improving
the Albany Neck and Bulb area and transitioning the area to
become part of the McLaughlin Eastshore State Park. The
McLaughlin Eastshore State Park includes tidelands and upland
property along 8.5 miles of shoreline extending from the City of
Richmond in the north to Emeryville and Oakland in the south.
The Albany Bulb and Neck is currently open to the public for
recreational uses.
At its December 7, 2015 city council meeting, the City of Albany
authorized city staff to work with the commission and the State
Legislature to draft legislation updating the terms of the
tidelands grant on the city-owned portion of the Albany
waterfront. This bill is the result of those efforts.
PROPOSED LAW
This bill would repeal the city's granting statute (Chapter 211,
Statutes of 1919, as amended by Chapter 1223, Statutes of 1977)
to eliminate the requirement that the trust lands are used in a
manner that is consistent with the obsolete Waterfront Plan from
1977. This bill would replace the outdated granting statute with
a new grant of public trust lands that is consistent with the
city's current waterfront improvement plans.
This bill would establish several terms and conditions.
1.Require the city to submit a trust lands use plan to the
commission for approval on or before January 1, 2022. The
plan must describe (1) any proposed development, preservation,
or other use of the trust lands; (2) the projected statewide
benefit; (3) the proposed method of financing any development;
(4) an estimated timetable for implementing each phase of the
plan; and (5) how the city proposes to protect the resources
and facilities on the trust lands, particularly from the
impacts of sea level rise.
2.Require the city to submit a report to the commission on or
before September 30, 2022 and every five years thereafter
describing how the trust lands have been used.
3.Require the city to establish an accounting system to track
revenue received from the trust lands and any associated
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assets. Any revenue received must be kept separate from other
city money and can only be spent in a way that is consistent
with this bill.
4.Require the city to get approval from the commission before
spending trust revenues for any large capital improvement
project ($250,000 or greater).
5.Require 20 percent of trust revenue be transmitted to the
commission. Of this amount transmitted, 80 percent will be
put in the General Fund and the remaining 20 percent will be
deposited in the Land Bank Fund pursuant to Division 7
(commencing with Section 8600) of the Public Resources Code.
Money in the Land Bank Fund is used to manage the commission's
granted lands program.
6.Permit the city to lease the land under certain conditions.
ARGUMENTS IN SUPPORT
The author stated that the bill is designed to assist the "City
of Albany with managing and improving its waterfront."
According to the State Lands Commission, "?the city is in the
process of developing a new plan to improve its waterfront and
transition the Neck and Bulb area to become part of the
McLaughlin Eastshore State Park. The city's legislative
granting statute, however, is inconsistent with the city's
current waterfront improvement plans. SB 1172 eliminates the
requirement that the trust lands are used in a manner that is
consistent with the obsolete Waterfront Plan. The bill requires
the city to submit a new land use plan and sea-level rise
analysis to the commission for approval. The bill also
modernizes non-discrimination language in the granting statute
to reflect current law, aligns the city's financial reporting
requirements with current law, and deletes various obsolete
provisions."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Similar bills: From time to time, cities have sought to change
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existing granting statutes in order to implement new plans on
public trust land. For example, in 2014 the Legislature passed
and the Governor signed SB 1424 (Wolk) at the request of the
commission and the City of Martinez. SB 1424 repealed an
existing statute and replaced it with a new statute that added
an additional parcel. The terms of the grant are very similar to
the terms outlined in this bill, including the requirement that
the city submit a trust lands use plan, provide updates every
five years, and transfer 20 percent of trust revenue to the
commission. Similarly, SB 551 (DeSaulnier) was passed by the
Legislature and signed by the Governor in 2011 and it contained
similar conditions as outlined in this bill.
Current uses of the land: The tidelands were built up over time
using construction debris and have been since colonized by
native and non-native vegetation. It is currently used for
passive recreational activities, including hiking, dog walking,
bird watching, and sightseeing. Visitors and local artists have
taken advantage of the abundant construction debris to construct
ephemeral works of art that include murals, sculptures,
installations, and graffiti. Recently, the Albany City Council
asked the Police Department to begin enforcing the city's no
camping policy on the Bulb, and existing homeless encampments
have been removed.
Financial conditions follow current practices: For most past
public land grants, SLC has only required that excess trust
revenues shall be returned to the state, effectively leaving no
revenues to the state from granted trust lands. SB 551 of 2011
allows the state to receive 20% of gross revenues, ensuring the
state receives revenue from granted trust lands. SLC stated that
this revenue sharing provision would encourage grantees to
appropriately develop tidelands while providing income to the
General Fund and a revenue stream for grant oversight within
SLC.
Potential benefits to the state and the City of Albany: In 2002,
State Parks adopted the General Plan for the McLaughlin
Eastshore State Park calling for a balance of open-space
recreational activities and habitat conservation efforts. The
Albany Neck and Bulb lands were included in the General Plan.
Developments proposed in the General Plan include constructing
restrooms and drinking fountains, and adding utilities near the
east end of the Albany Neck.
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SUGGESTED AMENDMENTS
None.
SUPPORT
California State Lands Commission (sponsor)
OPPOSITION
None received.
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