BILL NUMBER: AB 2598	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 19, 2010

   An act to add Section 6315 to the Public Resources Code, relating
to tidelands and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2598, as introduced, Brownley. Tidelands and submerged lands:
sea level action plan.
   Existing law grants to various local entities the right, title,
and interest of the State of California in and to certain tidelands
and submerged lands in trust generally for purposes of commerce,
navigation, and fisheries, and for other public trust purposes.
   This bill would require each trustee of granted public trust lands
to prepare a sea level action plan by July 1, 2011, and submit the
plan to the Natural Resources Agency, the Governor's Office of
Planning and Research, and the State Lands Commission. The bill would
require the plan to include, among other things, an assessment of
the impact of sea level rise on granted public trust lands, an
estimate of the financial cost of this impact, and strategies to
prevent or mitigate damage to development and infrastructure.
   By requiring a trustee of granted public trust lands, a local
entity, to prepare a sea level action plan, the bill would create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Upon admission to the United States, and as incident of its
sovereignty, the State of California received title to the tidelands,
submerged lands, and beds of navigable waterways within its borders
to be held subject to the public trust doctrine for statewide public
purposes, including commerce, navigation, fisheries, preservation of
lands in their natural state, and other recognized public trust uses.

   (b) Most of California's public ports, harbors, and marinas are
operated and managed on the state's public lands pursuant to a
legislative trust grant to a local or regional public entity.
   (c) A trustee of granted public trust lands is charged with
managing the state's granted public trust lands on behalf of the
state for the benefit of all the people of California.
   (d) California's ports, harbors, and marinas are a vital component
to the state's and the nation's economic and social well-being.
   (e) The effects of climate change and sea level rise will have
significant implications for the state's economic and social future.
  SEC. 2.  Section 6315 is added to the Public Resources Code, to
read:
   6315.  (a) By July 1, 2011, a trustee of granted public trust
lands shall prepare a sea level action plan. The plan shall include
all of the following:
   (1) An assessment of the impact of sea level rise on granted
public trust lands.
   (2) Maps showing the areas that may be affected by sea level rise
that may occur in 50 years and in 50 years. These maps shall include
the potential impacts of 100-year storm events.
   (3) An estimate of the financial cost of the impact of sea level
rise on granted public trust lands. The estimate shall consider, but
is not limited to, both the potential cost of repair of damage to and
value of lost use of improvements and land and the anticipated cost
to prevent or mitigate potential damage.
   (4) Strategies to prevent or mitigate damage to existing
development and infrastructure.
   (5) Design standards that would avoid impacts to new development
and infrastructure.
   (6) Implementation measures and timetables.
   (b) In preparing a sea level action plan, a trustee shall conduct
at least one public hearing and consult with its lessees, local,
state, and federal agencies, and other users of the granted public
trust lands.
   (c) A copy of the plan shall be submitted to the Natural Resources
Agency, the Governor's Office of Planning and Research, and the
State Lands Commission.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.