BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1172|
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CONSENT
Bill No: SB 1172
Author: Hancock (D)
Introduced:2/18/16
Vote: 27
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Tidelands and submerged lands: City of Albany
SOURCE: Author
DIGEST: This bill repeals the existing granting statute to the
City of Albany to eliminate the requirement that the trust lands
be used in a manner consistent with the obsolete Waterfront Plan
from 1977. This bill replaces that outdated granting statute
with a new grant of public trust lands that is consistent with
the city's current waterfront improvement plans.
ANALYSIS:
Existing law:
1)Grants the City of Albany (city) three parcels of submerged
tidelands along the San Francisco Bay waterfront for the
establishment, improvement, and conduct of a harbor and other
structures and utilities necessary for the promotion of
commerce and navigation.
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2)Amends the original granting statute to require future
developments be consistent with the Albany Waterfront Plan of
1977, which permits recreation-oriented development, including
a small craft marina and retail complex.
This bill:
1)Requires the city to submit a trust lands use plan to the
State Lands Commission (commission) for approval on or before
January 1, 2022. The plan must describe (a) any proposed
development, preservation, or other use of the trust lands;
(b) the projected statewide benefit; (c) the proposed method
of financing any development; (d) an estimated timetable for
implementing each phase of the plan; and (e) how the city
proposes to protect the resources and facilities on the trust
lands, particularly from the impacts of sea level rise.
2)Requires 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)Requires the city to establish an accounting system to track
revenue received from the trust lands and any associated
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)Requires the city to get approval from the commission before
spending trust revenues for any large capital improvement
project ($250,000 or greater).
5)Requires 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.
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6)Permits the city to lease the land under certain conditions.
Background
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 commission oversees
the grants to ensure the use and management of the trust lands
is consistent with the Public Trust Doctrine and granting
statutes.
Chapter 211 of the Statutes of 1919 granted the city three
parcels of submerged tidelands along the San Francisco Bay
waterfront. These lands include what is now 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. That granting statute was later amended (Chapter 1223,
Statutes of 1977) to require future development is consistent
with the Albany Waterfront Plan. The Albany Waterfront Plan
reflected the city's plans at that time for recreation-oriented
development, including constructing a small craft marina and
retail complex. However, the plan was never implemented.
Since 1977, policy at the local, regional, and state levels has
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
authorized city staff to work with the commission and the
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.
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FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified4/11/16)
California State Lands Commission
City of Albany
OPPOSITION: (Verified4/11/16)
None received
ARGUMENTS IN SUPPORT: The author stated that this 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."
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Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116
4/13/16 15:56:47
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