BILL ANALYSIS �
AB 2620
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Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2620 (Achadjian) - As Amended: May 2, 2012
Policy Committee: Natural
ResourcesVote:8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the State Lands Commission, by January 1,
2013, to complete a workload analysis that summarizes the
resources the commission needs to meet its legal obligations
concerning the oversight of legislatively granted public trust
lands. The bill also requires the commission to use a
preexisting standardized form, or, at its discretion, develop a
standardized form, for use by a local trustee of granted public
lands reporting revenue and expenditures associated with trust
lands and trust assets. The bill also lists all of a trustee's
existing fiduciary duties.
FISCAL EFFECT
1)One-time costs of a minor, absorbable amount in 2012-13 to the
commission to develop workload analysis (General Fund).
2)Potential one-time costs of a minor amount, possibly in the
tens of thousands of dollars, during 2012-13 and 2013-14 to
the commission to develop new reporting forms, should the
commission elect to do so (General Fund). These costs should
be more than offset by a reduction in workload resulting from
commission review of standardized forms, instead of varying,
unnecessarily complex documents, submitted by local trustees.
COMMENTS
1)Rationale. The author intends this bill to allow the
commission to quantify its workload requirements so that it
may have the resources needed to fulfill its statutory
obligations. The author references a 2011 report by the State
AB 2620
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Auditor that recommends the commission establish a monitoring
program to ensure funds generated from granted lands are
expended according to the public trust. The commission agreed
with the auditor's recommendation but protested that it lacked
the resources to implement the recommendation.
2)Background. The public trust doctrine holds that tide and
submerged lands and the beds of lakes, streams, and other
navigable waterways are "public trust lands" held by the state
for the benefit of all Californians. These lands are to
promote the public's interest in water or water-dependent
activities such as commerce, navigation, fisheries,
environmental preservation and recreation. The State Lands
Commission, within the Natural Resources Agency, is the
steward of the state's public trust lands.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081