BILL ANALYSIS �
AB 752
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ASSEMBLY THIRD READING
AB 752 (Brownley)
As Amended May 27, 2011
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 11-6
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|Ayes:|Chesbro, Brownley, |Ayes:|Fuentes, Blumenfield, |
| |Dickinson, Huffman, | |Bradford, Charles |
| |Monning, Skinner | |Calderon, Campos, Davis, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Grove, Halderman |Nays:|Harkey, Donnelly, Gatto, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires a trustee of granted public trust lands to
prepare a sea level rise action plan (Plan) to protect important
economic infrastructure and environmental habitat from the
effects of projected sea level rise. Specifically, this bill:
1)Requires a trustee of granted public trust lands to prepare a
sea level action plan (Plan) by July 1, 2013, if its gross
public trust revenues exceed $250,000.
2)Requires the Plan to include: a) an assessment of the impact
of sea level rise on granted public trust lands; b) maps
showing the areas that may be affected by sea level rise in
the years 2050 and 2100; c) an estimate of the financial cost
of the impact of sea level rise on granted public trust lands;
d) strategies to prevent or mitigate damage to existing
development and infrastructure, and to protect and enhance
undeveloped, vulnerable shoreline areas containing critical
habitat and opportunities for habitat creation; e) design
standards that would avoid or mitigate impacts to new
development and infrastructure; and, f) implementation
measures and timetables.
3)Requires State Lands Commission (SLC) to exempt a trustee of
granted public trust lands from preparing a Plan, or allow a
trustee to submit a modified Plan, if the trustee's lands are
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not subject to sea level rise or if the cost to provide the
Plan substantially outweighs the benefit the Plan would have
in preventing the harms associated with sea level rise.
4)Requires SLC to exempt a local trustee of granted public trust
lands from preparing a Plan, or grant a deadline extension, if
the revenues derived from its granted public trust lands or
funding made available from third party sources are not
sufficient to pay for the cost of developing the plan.
EXISTING LAW :
1)Protects, pursuant to the common law doctrine of the Public
Trust (Public Trust Doctrine), the public's right to use
California's waterways for commerce, navigation, fishing,
boating, natural habitat protection, and other water oriented
activities. The Public Trust Doctrine provides that filled
and unfilled tide and submerged lands and the beds of lakes,
streams, and other navigable waterways (i.e. public trust
lands) are to be held in trust by the state for the benefit of
the people of California.
2)Grants, in trust, state public trust lands to over 80 local
public agencies (i.e. trustees) to be managed for the benefit
of all the people of the state and pursuant to the Public
Trust Doctrine and terms of the applicable granting statutes.
3)Provides, under private trust law, that the trustee has a duty
to take reasonable steps under the circumstances to take and
keep control of and to preserve the trust property.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, absorbable costs to SLC to oversee preparation of the
trustee plans and review their findings. Cost pressure on the
Ocean Protection Council of an unknown amount, but potentially
in the millions of dollars, to make grants to trustees that lack
sufficient trust land revenue to complete studies. (Bond
funds.)
COMMENTS : For over 100 years, the Legislature has granted
public trust lands to local public agencies so they can be
managed locally for the benefit of the people of California.
There are over 80 trustees in the state, including the ports of
Los Angeles, Long Beach, San Diego, San Francisco, Oakland,
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Richmond, Benicia, and Eureka. While these trust lands are
managed locally, SLC has oversight authority to ensure those
local trustees are complying with the Public Trust Doctrine and
the applicable granting statutes.
Sea level rise is an issue that has far reaching consequences
for public trust lands held by local trustees. Sea level rise
threatens coastal communities and infrastructure, including
transportation facilities, electric utility systems and power
plants, storm water systems and wastewater treatment plants and
outfalls, vast areas of wetlands, and many other human and
natural systems.
A local trustee's failure to plan for sea level rise may be
considered a breach of its trust responsibilities. The courts
frequently cite by analogy private trust law in connection with
certain problems arising under such circumstances as in the
public trust. Coronado v. San Diego Unified Port Dist. (1964)
227 Cal. App. 2d 455, 473. Under California private trust law,
"the trustee has a duty to take reasonable steps under the
circumstances to take and keep control of and to preserve the
trust property." California Probate Code Section 16002. By
analogy, a local trustee of granted public trust lands has the
same duty to take reasonable steps under the circumstances to
take and keep control of and to preserve the trust property.
The purpose of this bill is to ensure that a local trustee takes
reasonable steps to protect granted public trust lands from sea
level rise. The local trustee is in the best position to
conduct this planning because it has the administrative control
over its granted trust land and, in most cases, generates
revenues off of the land, which must be used for purposes such
as managing and preserving the trust assets.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0001138
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