BILL ANALYSIS �
SB 152
Page 1
SENATE THIRD READING
SB 152 (Pavley)
As Amended May 25, 2011
Majority vote
SENATE VOTE :24-15
NATURAL RESOURCES 5-4 LOCAL GOVERNMENT 5-3
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|Ayes:|Brownley, Dickinson, |Ayes:|Alejo, Bradford, Campos, |
| |Hill, Monning, Skinner | |Gordon, Hueso |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Chesbro, Knight, Grove, |Nays:|Smyth, Knight, Norby |
| |Halderman | | |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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SUMMARY : Repeals the law that prohibits the State Lands
Commission (SLC) from charging rent for private recreational
piers constructed on state lands and requires SLC to charge fair
annual rent for such piers. Specifically, this bill:
1)Repeals the rent-free recreational pier statute and the
associated legislative findings and declarations.
2)Requires SLC to charge rent for a private recreational pier
constructed on state lands and that rent shall be based on
local conditions and local fair annual rental values.
SB 152
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3)Provides that the rent requirement does not apply to:
a) A lease in effect on July 1, 2011, for the term of that
lease; and,
b) A lease for which the application and application fees
were submitted to the commission prior to March 31, 2011.
4)Defines "recreational pier" to include a fixed facility for
the docking or mooring of boats.
EXISTING LAW :
1)Provides that SLC has exclusive jurisdiction and leasing
authority over all public trust lands owned by the state.
Public trust lands generally consist of tide and submerged
lands and beds of navigable channels, streams, rivers, creeks,
lakes, bays, and inlets.
2)Protects the public's right to use California's public trust
lands for commerce, navigation, fishing, boating, natural
habitat protection, and other water oriented activities.
3)Establishes that SLC is not required to issue a private
recreational pier lease constructed on state lands for the use
of a littoral landowner, but if it does, it is prohibited from
charging rent for the lease.
4)Defines "littoral landowner" as:
a) Any natural person or persons who own littoral land
improved with, and solely for, a single-family dwelling;
or,
b) Any association of, or any 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 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.
5)Defines "recreational pier" as any fixed facility for the
docking or mooring of boats that is constructed for the use of
SB 152
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the littoral landowner.
6)Declares that private recreational piers on public trust lands
provide a public benefit by providing a safe harbor for
vessels that become disabled upon the waterways of the state,
a safe anchorage for vessels that become distressed in times
of severe weather conditions, the protection of the public
from navigational hazards often found adjacent to shorelines
along the waterways of this state, the elimination or
retardation of erosion along the shoreline of rivers and
streams, and the provision of navigational aide to members of
the public utilizing the waterways of the state.
7)Declares that it is the intent of the Legislature to encourage
members of the public to construct private piers on the
navigable lakes, rivers, and streams of the state by providing
for rent-free private recreational piers.
8)Prohibits the Legislature from making any gift or authorizing
the making of any gift, of any public money or thing of value
to any individual, municipal, or other corporation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Annual costs to SLC of approximately $200,000 to administer
rental agreements on leases for use of state land.
2)SLC estimates annual rent revenue ranging from $225,000 in
2011-12 and gradually peaking at about $2 million beginning 10
years following passage of the bill.
COMMENTS : In 1976, the Attorney General wrote an opinion
concluding that the issuance of a rent-free lease to a littoral
landowner for a private recreational pier on state land
constitutes a gift of public property, which is prohibited by
the California Constitution's gift clause. There is an
exception, however, if the rent-free lease provides a public
benefit. The Attorney General found no such public benefit,
especially since the public is excluded from these piers.
The Legislature passed SB 349 (Nejedly), Chapter 431, Statutes
of 1977, and declared that there is a substantial public benefit
from the construction and maintenance of private recreational
piers on waterways in the state that justifies rent-free leases.
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These benefits included the provision of safe harbor for
distressed or disabled vessels, protection of the public from
navigational hazards located near shorelines, elimination or
deceleration of erosion along shorelines, and the provision of
navigational aids to members of the public using waterways. With
SB 349 (Nejedly), the Legislature intended to encourage members
of the public to construct private recreational piers on state
lands.
SLC, the sponsor of this bill, asserts that the current law only
benefits an arbitrary group of people. For example, the
rent-free recreational pier statute does not apply when the
littoral land is owned jointly by more than one family or when
the recreational pier is located on granted lands. "There seems
to be no rationale justifying why these people (i.e. rent-free
lessees) deserve private exclusive use of state lands without
providing compensation to the state while others pay fair market
value for the same use of state property."
Some of the littoral landowners with rent-free recreational
piers on state lands oppose the bill arguing, among other
things, that it is unfair to require rent now when rent was
never charged in the past.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0001996