BILL NUMBER: AB 492	CHAPTERED  10/10/99

	CHAPTER   822
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Member Wayne

                        FEBRUARY 18, 1999

   An act to add Section 30609.5 to the Public Resources Code,
relating to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 492, Wayne.  Coastal resources:  public access.
   Existing law requires the California Coastal Commission and the
State Coastal Conservancy to implement and administer various
programs related to coastal resources, including programs for coastal
access.
   This bill would prohibit state land, as defined, that is located
between the first public road and the sea, with an existing or
potential public accessway to or from the sea, or that the commission
has formally designated as part of the California Coastal Trail,
from being transferred or sold by the state to any private entity,
unless the state retains a permanent property interest in the land
adequate to provide public access to or along the sea.  The
prohibition would not apply if the private entity is a private,
nonprofit organization that exists for the purposes of preserving
lands for public use and enjoyment and meets the requirements of
specified provisions of existing law, or if the department or the
conservancy makes specified findings at a noticed public hearing
relating to the transfer or sale of the property.  The bill would
also permit the Department of Parks and Recreation and the
conservancy to sell or transfer this state land if a public hearing
is conducted and certain findings are made.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 30609.5 is added to the Public Resources Code,
to read:
   30609.5.  (a) Except as provided in subdivisions (b) and (c), no
state land that is located between the first public road and the sea,
with an existing or potential public accessway to or from the sea,
or that the commission has formally designated as part of the
California Coastal Trail, shall be transferred or sold by the state
to any private entity unless the state retains a permanent property
interest in the land adequate to provide public access to or along
the sea.  In any transfer or sale of real property by a state agency
to a private entity or person pursuant to this section, the
instrument of conveyance created by the state shall require that the
private entity or person or the entity or person's successors or
assigns manage the property in such a way as to ensure that existing
or potential public access is not diminished.  The instrument of
conveyance shall further require that any violation of this
management requirement shall result in the reversion of the real
property to the state.
   (b) This section shall not apply to the transfer of state land to
a nonprofit organization that exists for the purposes of preserving
lands for public use and enjoyment and meets the requirements of
subdivision (b) of Section 831.5 of the Government Code.
   (c) Notwithstanding the provisions of subdivision (a), state lands
between the first public road and the sea, that are under the
possession and control of the Department of Parks and Recreation or
the State Coastal Conservancy, may be transferred or sold if the
department or the conservancy makes one or more of the following
findings at a noticed public hearing relating to the transfer or sale
of the property:
   (1) The state has retained or will retain, as a condition of the
transfer or sale, permanent property interests on the land providing
public access to or along the sea.
   (2) Equivalent or greater public access to the same beach or
shoreline area is provided for than would be feasible if the land
were to remain in state ownership.
   (3) The land to be transferred or sold is an environmentally
sensitive area with natural resources that would be adversely
impacted by public use, and the state will retain permanent property
interests in the land that may be necessary to protect, or otherwise
provide for the permanent protection of, those resources prior to or
as a condition of the transfer or sale.
   (4) The land to be transferred or sold has neither existing nor
potential public accessway to the sea.
   (d) Nothing in this section shall be construed to interfere with
the management responsibilities of state resource agencies,
including, but not limited to, the responsibilities to ensure public
safety and implement the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game
Code).
   (e) As used in this section, "state land" means any real property
in which the state or any state agency has an ownership interest
including, but not limited to, a fee, title, easement, deed
restriction, or other interest in land.  It does not include land in
which a city, county, city and county, or district has an ownership
interest.
   (f) Nothing in this section is intended to restrict a private
property owner's right to sell or transfer private property.