BILL NUMBER: AB 2598 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
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 amended, 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.
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 no reimbursement is required by this
act for a specified reason.
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.
(1) Approximately 80 percent of California's 33 million residents
live within 50 kilometers of the Pacific Ocean.
(2) The coastal economy contributes more than $50 billion to the
State of California.
(3) Port activities alone in California generate an estimated $7
billion in state and local tax revenues annually and employ more than
one-half million people in California. Nationwide more than 2
million jobs are connected to California ports.
(4) In 2007, more than 40 percent of the total containerized cargo
entering the United States arrived at California ports, and almost
30 percent of the nation's exports left from California ports.
(5) In 2002, cargo operations shut down at west coast ports for 10
days, and the estimated loss to the national economy was $1 billion
per day.
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 in
the years 2050 and 2100 . 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 or its
successor agency , and the State Lands Commission.
(d) The State Lands Commission may exempt a trustee of granted
public trust lands from this section or allow a trustee to submit a
modified sea level action plan if the commission finds either of the
following:
(1) None of the trustee's public trust lands is subject to sea
level rise by 2100.
(2) The financial burden on the trustee to provide the plan
substantially outweighs the benefit the plan would have in preventing
the potential economic and environmental harms associated with sea
level rise on the trustee's granted public trust lands.
(e) A trustee of granted public trust lands may levy service
charges, fees, or assessments sufficient to pay for the preparation
of the plan.
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.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.