BILL NUMBER: AB 442	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 14, 2011

   An act to amend Section  6201   6503.5 
of the Public Resources Code, relating to public lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 442, as amended, Silva. Public lands:  classification.
  lease.  
   Under existing law, the State Lands Commission may lease state
lands under the jurisdiction of the commission for any purpose as the
commission deems advisable. Existing law provides that rent shall
not be charged for a private recreational pier constructed on state
lands for the use of a littoral landowner.  
   This bill would also provide that rent shall not be charged for a
cantilevered deck extending over state waterways for the use of a
littoral landowner.  
   Existing law authorizes the State Lands Commission to classify any
or all state land for its different possible uses and authorizes the
commission, to require various government entities, including the
Department of Parks and Recreation, to make the classification.
 
   This bill would make technical, nonsubstantive changes to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 6503.5 of the   Public
Resources Code   is amended to read: 
   6503.5.  (a) Notwithstanding the provisions of Section 6503,
 no  rent shall  not  be charged for
 any   a  private recreational pier
constructed on state lands  or for a cantilevered deck extending
over state waterways  for the use of a littoral landowner.
However, a littoral landowner shall pay to the commission, in
accordance with its rules and regulations, the commission's expenses
in issuing a lease or permit for the state lands.
   (b) As used in this section, the following terms have the
following meanings: 
   (1) "Cantilevered deck" includes any part of a fixed structure
that extends no more than five feet over state waterways and is
constructed for the use of a littoral landowner.  
   (1) 
    (2)  "Littoral landowner" means  (A) 
   any   either of the
following: 
    (A)     A  natural person  or
persons  who  own   owns  littoral
land improved with, and used solely for, a single-family dwelling
 or (B)   . 
    (B)   An    any association of, or
 any   a  nonprofit corporation consisting
of, natural persons who own parcels of land, each of which is zoned
or used solely for a single-family dwelling, and who are entitled to
the use of a private recreational pier or cantilevered deck 
on littoral land that is owned by the association or nonprofit
corporation and is not more than one mile from any  such
 parcel owned by a member  thereof   of
the association or corporation  . 
   (2) 
    (3)  "Recreational pier" includes any fixed facility for
the docking or mooring of boats that is constructed for the use of
the littoral landowner. 
  SECTION 1.    Section 6201 of the Public Resources
Code is amended to read:
   6201.  The commission may from time to time classify any or all
state land for its different possible uses and when the commission
deems it advisable may the commission require the Department of Parks
and Recreation, the Department of Conservation, the Secretary of
Food and Agriculture, or any other officer, organization, agency, or
institution of the state government to make the classification. It is
the duty of the officer, organization, agency, or institution to
make the classification and to submit a report on the classification
upon the application of the commission.