BILL ANALYSIS
AB 2179
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2179 (Monning) - As Amended: March 18, 2010
Policy Committee: Natural
ResourcesVote:8-0
Local Government Vote: 9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill grants to the cities of Santa Cruz and Long Beach all
rights, titles and interest of the state in specified public
trust lands located within those cities.
FISCAL EFFECT
Negligible costs, if any.
COMMENTS
1)Rationale . The two parcels affected by this bill are being
managed by both cities pursuant to 49-year lease agreements
with the State Lands Commission (SLC), which assures the
cities comply with their respective granting statutes and the
legal principles under the Public Trust Doctrine. According
to SLC, both Santa Cruz and Long Beach manage public trust
lands for the benefit of the people of California pursuant to
legislative grants. However, these grants do not include
lands that were acquired through recent land exchanges with
SLC. This bill grants these newly acquired trust lands to
their respective cities so that they can be managed locally
along with other granted trust lands.
2) Background-Public Trust Lands. The Public Trust Doctrine
holds that tide and submerged lands and the beds of lakes,
streams, and other navigable waterways are "public trust
lands" held by the state for the benefit of the people of
California. These lands are to promote the public's interest
in water or water-dependent activities such as commerce,
AB 2179
Page 2
navigation, fisheries, environmental preservation and
recreation. The State Lands Commission is the steward of the
state's public trust lands. Existing law allows SLC to lease
public trust lands, enter into boundary agreements, exchange
public trust lands for non-trust lands, and lift the trust
from public trust lands. SLC must receive equal value in any
such exchange. The Legislature retains the authority to modify
uses permitted on public trust lands.
In keeping with existing law, the cities of Santa Cruz and
Long Beach independently gave title to SLC of city land
currently useful for the public trust. In exchange, SLC
signed long-term leases with each of the cities specifying
that they manage former tidelands held by SLC in a manner
keeping with the public trust. SLC, seeking administrative
simplicity, seeks transfer title of the leased lands to each
of the cities, who agree to continue to manage the former
tidelands in keeping with the public trust, consistent with
SLC oversight.
3)Support . This bill is supported by SLC.
4)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081