BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1039|
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THIRD READING
Bill No: SB 1039
Author: Ducheny (D)
Amended: 4/28/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 5/5/10
AYES: Cox, Aanestad, Kehoe, DeSaulnier, Price
SUBJECT : Harbors and ports: San Diego Unified Port
District
SOURCE : Author
DIGEST : This bill authorizes the San Diego Unified Port
Districts Board of Port Commissioners, in implementing the
District's master plan, to consider the inclusion of
cooperative infrastructure and capital projects that
directly address maritime impacts in the cities that host
maritime industrial activities and that are consistent with
the public trust doctrine.
ANALYSIS : Tide and submerged lands and other navigable
waterways are held in trust by the state to promote the
public's interest in water-dependent activities such as
commerce, navigation, fisheries, environmental
preservation, and recreation. The Legislature has granted
public trust lands to local governments for management. A
grantee must manage trust lands consistent with its own
granting statutes and the public trust doctrine.
CONTINUED
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In 1962, the Legislature created the San Diego Unified Port
District and conveyed certain tidelands and submerged
lands, in trust, to the District. The five cities within
the Port District's boundaries appoint the seven-member
board of port commissioners.
The Port District's board must draft a master plan for
harbor and port improvement and for the use of the trust
tidelands and submerged lands. State law requires a
two-thirds vote of the board to adopt the plan. The board
may modify the master plan by a two-thirds vote.
This bill authorizes the San Diego Unified Port District's
Board of Port Commissioners, in implementing the District's
master plan, to consider the inclusion of cooperative
infrastructure and capital projects that directly address
maritime impacts in the cities that host maritime
industrial activities and that are consistent with the
public trust doctrine.
This bill contains a legislative declaration endorsing the
San Diego Unified Port District's use of revenues from
maritime industrial activities for cooperative
infrastructure and capital projects.
Comment
Unlike other port districts, the Port of San Diego manages
maritime and maritime-related activities across a five-city
region. Despite efforts to achieve regional balance in the
positive and negative effects of Port activities, the
Port's industrial maritime activities, and the associated
transportation, health, and quality of life issues, are
concentrated around its two marine terminals in National
City and Barrio Logan in the City of San Diego. These
communities experience increased truck and rail traffic,
reduced air quality from diesel emissions, increased noise,
visual blight, and higher infrastructure costs. National
City has no public access to or recreational use of
waterfront lands and has no lodging or commercial
facilities to serve waterfront visitors, depriving the City
of the transient occupancy and sales tax revenues generated
by those activities. This bill helps to correct this
localized inequity by clarifying the Port's authority to
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include, in implementing its master plan, cooperative
projects that address the effects of industrial maritime
activities on neighboring communities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/6/10)
City of San Diego
National City
AGB:do 5/6/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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