BILL ANALYSIS Ó
SB 1172
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Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SB
1172 (Hancock) - As Amended June 15, 2016
SENATE VOTE: 38-0
SUBJECT: Tidelands and submerged lands: City of Albany.
SUMMARY: Repeals the existing granting statute to the City of
Albany (City) to eliminate the requirement that the trust lands
be used in a manner consistent with an obsolete Waterfront Plan
from 1977, and replaces the outdated granting statute with a new
grant of public trust lands that is consistent with the City's
current waterfront improvement plans. Specifically, this bill:
1)Requires the City to submit a trust lands use plan to State
Lands Commission (SLC) for approval on or before January 1,
2022. Requires the plan to include all of the following:
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
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the plan; and,
e) The City's proposal 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 SLC on or before
September 30, 2022, and every five years thereafter, the
utilization of the trust lands.
3)Requires the City to establish an accounting system to track
revenue received from the trust lands and any associated
assets. Requires any revenue received to be kept separate
from other City money and only expended in a manner consistent
with this bill.
4)Requires the City to obtain approval from SLC before spending
trust revenues for any large capital improvement project
($250,000 or greater).
5)Requires 20% of trust revenue be transmitted to SLC.
Requires, of this amount transmitted, 80% to be put in the
General Fund and the remaining 20% to be deposited in the Land
Bank Fund.
6)Permits the City to lease the land, under specified
conditions, for less than 50 years.
EXISTING LAW:
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1)Protects, pursuant to the common law public trust doctrine,
the public's right to use California's waterways for
water-dependent commerce, navigation, fishing, boating,
natural habitat protection, and other water-oriented
activities. Establishes, pursuant to the public trust
doctrine, 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 California.
2)Requires the SLC to be the steward and manager of the state's
public trust lands. Gives the SLC direct administrative
control over the state's public trust lands and oversight
authority over public trust lands granted by the Legislature
to local public agencies.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (local trustees) 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.
4)Grants the 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.
5)Requires future developments to be consistent with the Albany
Waterfront Plan of 1977, which permits recreation-oriented
development, including a small craft marina and retail
complex. Authorizes the City to grant franchises and leases
on the granted land for up to
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66 years.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Public Trust and Granted Lands. The common law doctrine of
the public trust (Public Trust Doctrine) protects 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, known as
public trust lands, are to be held in trust by the state for
the benefit of the people of California.
Only in rare cases may the public trust be terminated, and
only where consistent with the purposes and needs of the
trust. For over 100 years, in more than 300 statutes, the
Legislature has granted public trust lands to local trustees
so the lands can be managed locally for the benefit of the
people of California. There are over 80 trustees in the
state, including the ports of Los Angeles, Long Beach, San
Diego, San Francisco, Oakland, Richmond, Benicia, and Eureka.
While these trust lands are managed locally, SLC has oversight
authority to ensure those local trustees are complying with
the public trust doctrine and the applicable granting
statutes.
2)The Albany Neck and Bulb. In 1919, the state 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. This granting statute was later amended
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(Chapter 1223, Statutes of 1977) to require that 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.
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. McLaughlin Eastshore State Park is
operated by the East Bay Regional Park District. The Albany
Bulb and Neck is currently open to the public for recreational
uses. This bill would allow the City to enter into an
agreement with East Bay Regional Park District to manage the
Albany Neck and Bulb as part of the McLaughlin Eastshore State
Park.
3)Bill Summary. 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. This bill is sponsored by the City and SLC.
4)Author's Statement. According to the author, "This is a
District bill to assist the City of Albany with managing and
improving its waterfront. The City of Albany owns tide and
submerged lands along its waterfront that are held in trust
for the public. The City manages the lands under the common
law Public Trust Doctrine and its legislative granting
statutes. The lands include a former landfill site and an
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area known as the Bulb and Neck portion of the waterfront. SB
1172 amends the City's granting statute to align with the
City's current plans for its waterfront."
5)Arguments in Support. Supporters argue that this bill
eliminates the requirement that the trust lands are used in a
manner that is consistent with the obsolete Waterfront Plan
and require the City to submit a new land use plan and sea
level rise analysis to the SLC for approval. Additionally
this bill modernizes non-discrimination language in the
granting statute to reflect current law, and aligns the City's
financial reporting requirement with current law.
6)Arguments in Opposition. None on file.
7)Double-Referral. This bill was heard by the Natural Resources
Committee on June 13, 2016, where it passed with a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support Opposition
California State Lands Commission [SPONSOR]None on file
City of Albany [SPONSOR]
East Bay Regional Park District
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Analysis Prepared by:Misa Lennox / L. GOV. / (916)
319-3958