BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1847|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 1847
Author: Bonnie Lowenthal (D)
Amended: 3/19/12 in Assembly
Vote: 21
SENATE NATURAL RESOURCES & WATER COMM. : 9-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : City of Long Beach: grant of public trust
lands
SOURCE : State Lands Commission
DIGEST : This bill finalizes a land exchange agreement
between the State Lands Commission and the City of Long
Beach (City), and grants three Public Trust Parcels to the
City, thus bringing these lands into the same management as
the rest of the City's granted public trust lands.
ANALYSIS :
Existing law:
1. Protects, pursuant to the common law public trust
CONTINUED
AB 1847
Page
2
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. Requires the State Lands Commission (Commission) to be
the steward and manager of the state's public trust
lands. The Commission has direct administrative control
over the state's public trust lands and oversight
authority over public trust lands granted by the
Legislature to local governments.
3. Authorizes the Commission to lease public trust lands,
enter into boundary line agreements, and, in limited
circumstances, exchange public trust lands for non-trust
lands.
4. Has granted state public trust lands to over 80 local
public agencies (a.k.a. local trustees/grantees) 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.
This bill:
1. Grants in trust to the City all the right, title, and
interest of the state in public trust lands known as the
Bixby Park Public Trust Parcels, the Colorado Lagoon
Public Trust Parcels, and the Marine Stadium Channel
Public Trust Parcels (collectively referred to as the
"Public Trust Parcels").
2. Terminates the leases issued from the Commission to the
City for the Public Trust Parcels.
3. Requires the City to hold, operate, and manage, in trust
for the benefit of the statewide public, the Public
Trust Parcels.
Background
CONTINUED
AB 1847
Page
3
Early in its history, the Legislature statutorily
transferred tide and submerged lands in trust to cities and
counties, which were then required to develop harbors to
further state and national commerce. These lands are
monitored by the Commission to ensure uses are consistent
with the public trust. The dynamic nature of the interface
of waterways (ocean, rivers, bays, lakes, etc.) with
adjoining lands makes the determination of the common
boundaries between public trust lands and private property
a complex issue. In addition, because many early land
descriptions and surveys were vague or faulty, great
confusion can arise as to property rights along waterways.
To meet these problems, the Commission has developed
programs to establish boundaries between public and private
lands. Research has concentrated on assembling data from
historic maps and surveys, libraries and archives,
interviews with historians and long-time residents of the
affected areas, and recent on-site surveys. The result of
such studies for a particular parcel of land may be a
"boundary line agreement" or a negotiated "title
settlement" in which the state's interest in the parcel is
exchanged for other land or monies for future land
acquisitions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/26/12)
State Lands Commission (source)
City of Long Beach
ARGUMENTS IN SUPPORT : The agreement between the
Commission and the City included a provision to pursue
legislation to include the three public trust parcels in
the City's statutory tidelands trust grant. This bill
fulfills that requirement.
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
CONTINUED
AB 1847
Page
4
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
CTW:m 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED