BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2620
                                                                  Page  1

          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
                                                                  Page  2

            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