BILL ANALYSIS
SB 1488
Page 1
Date of Hearing: June 21, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1488 (Committee on Natural Resources & Water) - As
Introduced: March 9, 2010
SENATE VOTE : 33-0
SUBJECT : State lands: tidelands and submerged lands
SUMMARY : Specifically excludes Brown's Island from the public
trust lands granted to the City of Pittsburg (City) and requires
the California State Lands Commission (SLC) to conduct a survey
of the City's public trust lands by January 1, 2013 and
establishes that the Land Bank Fund may be used to create access
to public trust lands in addition to the land's management and
improvement.
EXISTING LAW :
1)Establishes legislative grants of tidelands and submerged
public trust lands, subject to specified conditions, to the
City for purposes of commerce, navigation, fisheries,
preservation of lands in their natural state for scientific
study, open space, wildlife habitat, and recreational and
visitor-oriented uses.
2)Establishes the Kapiloff Land Bank Act of 1982 which
facilitates settlements of title to real property with cash
payments. The State holds and administers the acquired lands
as sovereign tidelands, submerged lands, and navigable
waterways.
3)Establishes the SLC as the trustee of the Land Bank Fund
(LBF), created pursuant to the Kapiloff Land Bank Act, which
may receive funds from settlements used to purchase specific
LBF parcels as well as from applicants wishing to complete
projects that provide for the management and improvement of
real property held by the SLC to provide open space, habitat
and public access.
4)Establishes that the LBF may be used by SLC to purchase tidal
and submerged lands, lands which have been or may be converted
to wetlands or adjoining or nearby lands where the public use
SB 1488
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and ownership of the land is necessary or extremely beneficial
for the promotion of public trust purposes.
5)Requires the City to establish its water boundaries and to
file a survey of the revenue and spending from the
administration of the lands with the SLC on a yearly basis.
THIS BILL :
6)Provides that Brown's Island is not included within the lands
granted in trust to the City.
7)Requires the SLC to conduct a survey of lands granted in trust
in 2006 to the City to be completed and recorded by January 1,
2013, and that the survey be the financial responsibility of
the City.
8)Authorizes the expenditure of revenues for projects that
provide access to the City's public trust lands in addition to
its management and improvement.
FISCAL EFFECT : Unknown
COMMENTS :
AB 2324 (Canciamilla), Chapter 275, Statutes of 2006, granted
lands to the City to be held in public trust. These lands were
to include tidal and submerged land on the condition, among
others, that the City be responsible for drawing its water
boundaries. The City has not completed this task. This bill
requires the SLC to complete a survey to determine the physical
boundaries of the public land grant. The survey will be paid
for by the City. Since Brown's Island is already within the
jurisdiction of the Port of Stockton and East Bay Regional Parks
District, this bill will provide that it will be excluded from
the lands held in public trust by the City.
The LBF funds are currently managed by the SLC. These funds are
donated and can only be used for specific purposes for the
management and the improvement of public trust lands. This bill
would expand the scope of these funds to include the creation of
public access to the lands. Possible examples of public access
include wheelchair ramps, paths, roads, and stairs. Currently,
LBF spending is strictly limited to public trust lands, which
the SLC feels is ambiguous in terms of access to public lands.
SB 1488
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Including this bill's public access clause will clarify this
ambiguity by allowing construction projects that join non-public
trust areas to public trust areas.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Lands Commission
City of Pittsburg
Opposition
None on file
Analysis Prepared by : Jessica Westbrook / NAT. RES. / (916)
319-2092