BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2179|
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THIRD READING
Bill No: AB 2179
Author: Monning (D)
Amended: 3/18/10 in Assembly
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 7-0, 6/9/10
AYES: Pavley, Cogdill, Huff, Kehoe, Lowenthal, Padilla,
Wolk
NO VOTE RECORDED: Hollingsworth, Simitian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/13/10 (Consent) - See last page
for vote
SUBJECT : Tidelands and submerged lands: Cities of Santa
Cruz
Long Beach
SOURCE : State Lands Commission
DIGEST : This bill grants to the Cities of Santa Cruz and
Long Beach all rights, title, and interest of the state in
certain public trust lands.
ANALYSIS :
Existing law
1. Vests within the State Lands Commission (Commission)
CONTINUED
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exclusive jurisdiction over all ungranted tidelands and
submerged lands owned by the state, and of the beds of
navigable rivers, streams, lakes, bays, estuaries,
inlets, and straits, including tidelands and submerged
lands or any interest therein.
2. Grants to various local entities the right, title, and
interest of the state in and to certain tidelands and
submerged lands in trust for purposes of commerce,
navigation, and fisheries, or other public trust
purposes. The Commission monitors granted lands to
ensure compliance with the terms and conditions of a
statutory grant, the California Constitution, and the
Public Trust Doctrine.
3. Pursuant to Chapter 342, Statutes of 1872, and Chapter
1291, Statutes of 1969, granted to the City of Santa
Cruz all the right, title, and interest of the state in
certain public trust lands.
4. Pursuant to Chapter 676, Statutes of 1911, Chapter 102,
Statutes of 1925, Chapter 158, Statutes of 1935, and
Chapter 138, Statutes of 1964, granted to the City of
Long Beach all the right, title, and interest of the
state in certain public trust lands.
5. Authorizes the Commission to exchange with any person or
entity filled or reclaimed tide and submerged lands
subject to the public trust but lacking public trust
values for other lands if the exchange improves public
trust uses such as navigation, flood control, public
access, riparian habitat or open space; provides a
significant benefit to the public trust; and the
monetary value of the lands received by the trust in
exchange is equal to or greater than that of the lands
leaving the trust.
6. In an exchange, requires the Commission to impose the
public trust on the lands or interests in lands it
acquires.
This bill:
1. Grants and conveys in trust to the City of Santa Cruz
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all the right, title, and interest of the state in
certain trust lands acquired and held by the state and
known as: "Volleyball Parcel," "West Lawn Parcel," and
"Trestle Easement."
2. Grants and conveys in trust to the City of Long Beach
all the right, title, and interest of the state in
certain trust lands acquired and held by the state and
known as: "Southern Parcel" and "Street Parcel."
3. Requires both cities to hold, operate, and manage, in
trust for the benefit of the public statewide, the above
public trust lands in accordance with the common law
public trust doctrine and the terms, trusts, and
conditions set forth in the cities' original grant of
public trust lands.
Background
The State Lands Commission has exclusive jurisdiction over
the state's right, title and interest in its sovereign
public trust lands. These include filled and unfilled tide
and other submerged lands as well as the beds of navigable
rivers, lakes and streams. The Legislature may grant the
state's administrative authority to manage these lands to
local agencies, subject to the public trust and on-going
oversight by the SLC, for specific uses of statewide
benefit. The public trust is a set of guiding principles
that direct the state to hold its title to public trust
lands in a manner to protect the public's interest in
activities that are typically water-dependent or related.
While continually evolving to meet changing public needs,
these activities include navigation, commerce, fishing,
recreation and environmental protection, among others. The
Legislature has made grants of public trust lands to over
80 cities, counties and harbor districts since the state's
inception.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/28/10)
State Lands Commission (source)
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Cities of Santa Cruz and Long Beach
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Norby, Skinner, Vacancy
CTW:do 6/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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